Ala. Code § 45-7-83.08 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-83.08
Section 45-7-83.08 Payment of Tax Required for Issuance of License
Status: in_force

To prevent motor vehicles from escaping taxation and to provide for the more efficient assessment and collection of taxes due on motor vehicles, no license shall be issued to operate a motor vehicle on the public highways of this state, nor shall any transfer be made by the judge of probate as provided under this part, until the ad valorem tax and the sales tax on the vehicle are paid in the county for the preceding year as evidenced by receipt of the judge of probate, if the motor vehicle belongs to a resident of Butler County or is principally used or operated in Butler County.
Ala. Code § 45-10-20.01 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-20.01
Section 45-10-20.01 Classifications of Municipalities as Wet or Dry
Status: in_force

Notwithstanding any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant to authority to regulate the liquor traffic granted by Section 104 of the Constitution of Alabama of 1901, the electors of an incorporated municipality located in Cherokee County with a population of not less than 1,300 inhabitants nor more than 1,500 inhabitants may change its classification from dry to wet or wet to dry by a municipal option election as provided by this article.
Ala. Code § 45-49-23.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-23.06
Section 45-49-23.06 Transfer of Wholesaler Business
Status: in_force

(a) Upon written notice of intent to transfer the wholesaler’s business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler’s business to a designated member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business, including the assignment of wholesaler’s rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee (other than a designated member) who meets such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however, the supplier shall have the burden of proving that the proposed transferee fails to meet such qualifications and standards which are nondiscriminatory, material, and reasonable and consistently applied to Alabama wholesalers by the supplier. Provided, such designated member or transferee shall in no event be qualified as a transferee without the prior written approval or consent of the supplier, where such proposed transferee shall have been involved in any of the following:

(1) Insolvency filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors.

(2) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the U.S. government or any state, whereby service was interrupted for more than 61 days.

(3) Conviction of a felony under the United States Code, or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier.

(4) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.

(b) The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler’s business, including an assignment of wholesaler’s rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material, and reasonable qualifications required by the supplier for Alabama wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler’s business or the assignment of wholesaler’s rights under the agreement. The supplier shall have the burden of proving that it has acted in good faith and that there was good cause for failure to accept or consent to the transfer of the wholesaler’s business or the assignment of the wholesaler’s rights under the agreement.
Ala. Code § 45-49-181.10 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-181.10
Section 45-49-181.10 Right-of-Way
Status: in_force

The alignment of the centerline of the proposed right-of-way will follow as closely as feasible the existing centerline of the existing roadway except where such alignment would not comply with accepted design criteria or compromise the safety of the traveling public. The right-of-way shall be a minimum of 60-feet in width.
Ala. Code § 45-44-81.02 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-81.02
Section 45-44-81.02 Solicitor’s Fee
Status: in_force

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Macon County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows: Three dollars ($3) of the fee assessed in each case shall be distributed to the Macon County Circuit Clerk for operation of the office of the circuit clerk, three dollars ($3) of the fee assessed in each case prosecuted in the Notasulga Municipal Court shall be distributed by the municipal court to the Town of Notasulga to be used by the town for payment of expenses incurred by the town for training and continuing education expenses for the Notasulga Municipal Court Clerk and Magistrate, and the remainder of any fees shall be distributed to the Solicitor’s Fund or District Attorney’s Fund in the county where the fee is collected or to the fund that may be hereafter prescribed by law for the solicitor’s fee, and such funds shall be expended in Macon County. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.

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

(c) The solicitor’s fee may be expended, as the district attorney sees fit, for the payment of any and all expenses incurred by the district attorney for law enforcement and in the discharge of the duties of the office.
Ala. Code § 45-36A-102 — Alabama Code / Title 45 / Chapter 36A / Section 45-36A-102
Section 45-36A-102 Historic Preservation Commission; Architectural Review Board; Review of Building Plans
Status: in_force

(a) The governing body of the City of Scottsboro in Jackson County may adopt ordinances, pass resolutions, or take such appropriate action as necessary to promote the general public welfare within the city, such ordinances to protect the historic character of the city in the manner hereinafter described..

(b) The governing body of the city, upon the recommendation of the historic preservation commission, as provided for below, may designate as a historic district any area, site, building, or structure within the city having an overall atmosphere of either historic or architectural distinction, or both

(c) A historic preservation commission with the following membership, duties, and powers may be created by the city governing body:

(1) The commission shall be composed of no less than seven members who shall be selected by the city governing body in such a manner as to serve overlapping terms. Except for the first members, their terms shall be for four years. Vacancies occurring in the commission shall be filled by appointment by the city governing body. The commission shall elect from its membership a chair and vice chair who shall serve for terms of one year and who shall be eligible for reelection. The chair shall preside over the commission and shall have the right to vote.

(2) The commission shall operate under a constitution as adopted by the commission and approved by the city governing body.

(3) The commission shall have as its purposes: a. The promotion of the general public welfare, within its jurisdictional area, by maintaining and increasing real estate values, generating business creating new positions, attracting tourists and new residents, stimulating interest in architecture and design, educating citizens in American culture and heritage, and making the city a more attractive and desirable place in which to live; b. the preservation and protection of areas, sites, buildings, and structures of historic and architectural value in the historic districts, as defined in subsection (b), and the maintenance and improvement of the distinctive character of these districts; c. the fostering and encouraging of the preservation, restoration, and utilization of areas, sites, buildings, and structures of historic and architectural value in the historic districts as major tourist attractions of historic, architectural, and economic value, and in connection therewith, shall be authorized to provide for patio, sidewalk, or balcony type restaurants with outdoor dining facilities. Provided, however, all such restaurants and facilities shall in every other respect be subject to all state, county, and municipal regulations respecting food handling establishments, adopted pursuant to Section 22–20–5, as amended. Provided further that nothing in this section shall be construed so as to permit the city, or commission created pursuant to this section, to enter into the restaurant business.

(4) The commission shall have the power and the authority in addition to all powers conferred on it by the general law:

a. To purchase, sell, contract to purchase, contract to sell, own, encumber, lease, mortgage, acquire, and dispose of easements in any part of, and insure real and personal property of all kinds and descriptions.

b. To request, solicit, and accept gifts, donations, pledges, fees, bequests, devises, loans, or appropriations of any kind and from any source whatever.

c. To set up at such lawful depository or depositories in the city as it may select, a revolving fund for historic development which shall be composed of the monies which may come into its hands from any source whatsoever and which shall be used for the furtherance of the objectives and purposes of the commission.

d. The commission may employ such professional, office, technical, and other personnel as may be necessary or desirable for the performance of the purposes of the commission in the most efficient manner.

(5) The city governing body may provide funds, equipment, and accommodations for the commission’s work.

(6) The commission shall be a nonprofit governmental agency whose funds shall be used exclusively for public purposes. Such commission shall have a tax exempt status, and the properties of the commission and the income therefrom, together with all leases, agreements, and contracts made by it, shall be forever exempt from any and all taxation by the State of Alabama and any political subdivision thereof, including, but not limited to, income, admission, amusement, excise, and ad valorem taxes.

(7) It shall be the duty of the commission to exercise such powers as the commission shall deem necessary and fitting to carry out the above-stated purposes.

(d) An architectural review board with the following membership, duties, and powers shall be selected by the city governing body:

(1) The board shall be composed of seven members selected by the city governing body to serve overlapping terms. Except for the first members, their terms shall be five years. Membership of the board shall at all times include the community development coordinator and one member of the historic preservation commission.

(2) The board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

(3) Meetings shall be held at regular intervals, as may be prescribed by the city governing body and upon request of the commission.

(4) The board may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other civil employees of the city. The board may also contract with architects and other professional and technical consultants for such services as it may require.

(5) The expenditures of the board, exclusive of gifts and grants, shall be within the amounts appropriated for the purpose by the city governing body, which may provide funds, equipment, and accommodations for the board’s work.

(6) It shall be the duty of the board to approve or disapprove plans for any buildings or other structures to be erected, altered, repaired, moved, or demolished which are located or are to be located within the historic districts.

(e) The city governing body shall prescribe the procedure for the review of building plans for any building or structure to be erected, altered, repaired, moved, or demolished which is located or is to be located in the designated historic districts, including rules governing decisions of the architectural review board and the procedure for appeal from decisions of the board. (f) The city governing body may adopt such other regulations as are necessary to effect the purposes of this section.
Ala. Code § 45-21-242.05 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-242.05
Section 45-21-242.05 Rules and Regulations
Status: in_force

The State Department of Revenue is authorized to promulgate and enforce rules and regulations to effectuate this part.
Ala. Code § 45-11-245.13 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-245.13
Section 45-11-245.13 Designation of Chilton County Health Care Authority as Agent of County
Status: in_force

Any designation made by the governing body of the county prior to the adoption of the authorizing resolution of The Chilton County Health Care Authority as the agent of the county to receive and apply the proceeds of the taxes herein authorized (or the taxes authorized, or attempted to be authorized, by Act No. 2014-162 or Act No. 2014-422) is confirmed, shall remain in full force and effect and shall not be terminated except in accordance with the terms and conditions of such designation.
Ala. Code § 45-27A-30.12 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-30.12
Section 45-27A-30.12 Liability for Conduct of Offender
Status: in_force

The municipal prosecutor, the City of Brewton, or the municipal court shall have no liability, criminal or civil, for the conduct of any offender while the offender is participating in the pretrial diversion program.
Ala. Code § 45-48-121.11 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-121.11
Section 45-48-121.11 Removal, Discharge, or Demotion of Employee; Proceedings; Appeal
Status: in_force

(a) The county commission, any member of the governing body, or the head of any department or office, respectively, can remove, discharge, or demote any merit employee who is directly under such governing body, member thereof, or department head, provided that within five calendar days a report in writing of such action is made to the board and employee, giving the reason for such removal, discharge, or demotion. The employee shall have 10 calendar days from the time of notification of his or her discharge, removal, or demotion in which to appeal to the board. If such appeal be filed, the board shall thereupon order the charges or complaint to be filed forthwith in writing, if not already filed, and within 15 calendar days shall hold a hearing de novo on such charges. No merit employee shall be removed, discharged, or demoted except for some personal misconduct, or fact, rendering his or her further tenure harmful to the public interest, or for some cause affecting or concerning his or her fitness or ability; and if such removal, discharge, or demotion is appealed to the board, then the same will become final only upon affirmation by the board after a hearing upon written charges or complaint has been had and after an opportunity has been given such employee to face his or her accusers and be heard in his or her own defense. Pending a hearing on the appeal, the affected employee may be suspended; and after such hearing the board may order the employee reinstated, demoted, removed, discharged, or suspended, or take such other disciplinary action as in their judgment is warranted by the evidence and under the law. Hearings on an appeal shall be held within 30 days from the date of receipt of written request to the board. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case and shall include the board’s finding of facts upon which its decision is based.

(b) The board shall have the power to administer oaths, take depositions, certify officials’ acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this part. The sheriff or some other law enforcement officer of the county shall serve all processes of the board. In case a person refuses to obey such subpoena, the board may invoke the aid of the Circuit Court of Marshall County in order that the testimony or evidence be produced. Upon proper showing, such court shall issue a subpoena or order requiring the person to appear before the board and produce all evidence and give all testimony relating to the matter in issue. A person who fails to obey such subpoena or order may be punished by the court as for contempt. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the Circuit Court of Marshall County, which fees shall be paid from the treasury of the county.

(c) Any person aggrieved by a decision of the board may appeal such decision to the Circuit Court of Marshall County within 30 days from the rendition of such decision by the board. Review by the circuit court shall be de novo and without a jury.
Ala. Code § 45-39-243.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-243.03
Section 45-39-243.03 Recordkeeping
Status: in_force

All distributors, storers, and retail dealers shall keep for not less than two years within the State of Alabama at some certain place or office such books, documents, or papers as will clearly show the amount of sale or withdrawals of gasoline and motor fuel made in Lauderdale County taxed under this part.
Ala. Code § 45-11-171 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-171
Section 45-11-171 Board of Health Fees
Status: in_force

(a)(1) The Board of Health of Chilton County may fix a schedule of fees which shall cover a portion of the cost involved in the performance of services rendered pursuant to the duties, functions, and programs required by law or by regulation or of the county or State Board of Health. Any fee schedule fixed pursuant to this section shall be effective upon approval of the County Commission of Chilton County, Alabama.

(2) Such fee schedule shall be reviewed annually by the commission which shall make appropriate adjustments as it deems they are needed.

(b) The Chilton County Board of Health is hereby authorized to promulgate rules and regulations necessary and proper for the administration of this section. Such regulations shall include, but not be limited to, the furnishing of services without charge to indigent residents, or persons of the county, and matters pertaining to payment of the fee for personal health services, permits, and inspections.

(c) All fees collected pursuant to this section are recurring and hereby appropriated or reappropriated to the county health department for the continued operation of the services and programs.
Ala. Code § 45-30-245.06 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-245.06
Section 45-30-245.06 Construction and Application
Status: in_force

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

(b) This subpart shall not be construed to apply to cigarettes and cigars stored by a wholesale dealer for the purpose of resale or reshipment outside Franklin County which are actually resold or reshipped.
Ala. Code § 45-20-71.14 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.14
Section 45-20-71.14 Board Meetings
Status: in_force

The Covington County Commission shall meet in regular session in accordance with Section 11-3-8, and shall conduct an additional regular session each month in accordance with a policy to be established by the Covington County Commission, and amended from time to time.
Ala. Code § 45-8A-20.09 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.09
Section 45-8A-20.09 Bonds of Authority
Status: in_force

(a) Source of payment. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the board of its projects or of any thereof as may be designated in the proceedings of the board under which the bonds shall be authorized to be issued.

(b) Pledge of revenues, receipts, and other security. The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues and receipts out of which the same may be payable and may be secured by a mortgage and deed of trust or trust indenture conveying as security for such bonds all or any part of the property of the authority from which the revenues or receipts so pledged may be derived.

The resolution under which the bonds are authorized to be issued and any such mortgage and deed of trust or trust indenture may contain any agreements and provisions respecting the operation, maintenance, and insurance of the property covered by the mortgage and deed of trust or trust indenture, the use of the revenues and receipts subject to such mortgage and deed of trust or trust indenture, the creation and maintenance of special funds from such revenues and receipts, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made, and the rights and remedies available in the event of default as the board shall deem advisable and which are not in conflict with the provisions of this part. Each pledge, agreement, mortgage, and deed of trust or trust indenture made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust or trust indenture executed as security therefor, the rights of any holder of the bonds may be enforced by mandamus, the appointment of a receiver, or either of the remedies, and foreclosure of such mortgage and deed of trust or trust indenture may, if provided for in the instrument, be had.

(c) Execution. All bonds issued by the authority shall be signed by the chairman of its board and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the chairman of its board; provided, that a facsimile of the signature of one, but not both, of the officers may be printed or otherwise reproduced on any such bonds in lieu of his or her manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto, and a facsimile of the signature of the chairman of the board may be printed or otherwise reproduced on any such interest coupons in lieu of his or her manually signing the same.

(d) General provisions respecting form, interest rate, maturities, sale, and negotiability of bonds. Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this part, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The authority may pay all expenses, premiums, and commissions in connection with any financing done by it. All bonds, except bonds registered as to principal or as to both principal and interest, and any interest coupons applicable thereto issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source.

(e) Nature of obligation and source of payment. All obligations created or assumed and all bonds issued or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state or of any county or of the city; provided that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of its revenues and receipts of the authority specified in the proceedings authorizing those bonds.

(f) Eligibility for investment. Bonds of the authority are hereby made legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.
Ala. Code § 45-3-120.08 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-120.08
Section 45-3-120.08 Personnel Board - Procedure for Appeals
Status: in_force

(a) The personnel board shall hear all appeals from final personnel action as requested by an affected and eligible employee. Eligible employees shall include regular status classified employees and may include other employees as authorized by the county commission so long as the inclusion does not violate the intent of this article. The board shall hear the appeals in accordance with guidelines written by the board, with the advice of the Barbour County Commission. Final personnel action shall include administrative action, action based on the rules, policies, and procedures of the county, and disciplinary action. All appeals shall be made in good faith and timely filed. Willfully filing an appeal based on false facts or solely for the purpose of harassment may be grounds for disciplinary action.

(b) Hearings before the personnel board shall not be evidentiary hearings, or follow the formalities of a court of law, or require that the rules of evidence be followed. However, all testimony shall be under oath and the board shall have the power to subpoena witnesses and demand production of relevant documents and things. The personnel board shall adopt its own rules regarding the guidelines to be used in conducting hearings. The personnel board shall have the authority to render a decision at the conclusion of a hearing. The decision may uphold, reverse, or amend any prior action. All decisions shall be made within 10 days of the board’s receipt of the employee’s appeal and shall be supported by factual findings based on the hearing, appropriate law, and approved personnel rules, policies, and procedures. The decision of the personnel board shall be binding on all parties. Only after all administrative remedies have been exhausted may an affected party take an appeal to the Circuit Court of Barbour County. The appeal to the circuit court shall be de novo. The board shall maintain sufficient records to document its decisions and actions in any matter.
Ala. Code § 45-51A-33.247 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.247
Section 45-51A-33.247 Oath of Office
Status: in_force

Every officer of the city, before entering upon the duties of his or her office, shall take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk:

“I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Alabama, that I will, in all respects, observe the provisions of the ordinances of the City of .........., and will faithfully discharge the duties of the office of ...........”
Ala. Code § 45-20-150.08 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-150.08
Section 45-20-150.08 Bingo Games - Equipment; Prize and Conduct Limitations
Status: in_force

(a) Bingo may not be conducted with any equipment which is not owned, being purchased, or being rented by the permit holder, except as otherwise provided in subsection (b) of Section 45-20-150.05.

(b) Prizes given by any organization for the playing of bingo games shall not be less than 50 percent of the gross receipts in cash or gifts of equivalent value during any bingo session.

(c) A permit holder may not advertise bingo except to the extent and in the manner authorized by rule of the sheriff. If the sheriff allows a permit holder to advertise bingo, the permit holder shall indicate in the advertisement the purposes for which the net proceeds will be used by the permit holder.

(d) A permit holder shall conduct bingo sessions only at the single location specified in the permit holder’s application.

(e) No person under the age of 19 years shall be permitted to play, unless accompanied by a parent or guardian, any game of bingo conducted pursuant to any permit issued under this article. No person under the age of 19 years shall be permitted to conduct or assist in conducting any bingo session pursuant to this article.
Ala. Code § 45-40-80 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-80
Section 45-40-80 Supplemental Expense Allowance - Circuit Judge
Status: in_force

Immediately upon October 1, 2001, the Circuit Judge for the Thirty-sixth Judicial Circuit shall receive a supplemental expense allowance, payable in equal monthly installments from the Lawrence County General Fund, in an amount equal to 40 percent of the prevailing salary paid to such circuit judges by the state. The supplement shall be paid only in lieu of all other supplemental salary or expense payments heretofore authorized by law and acceptance shall constitute waiver of any other supplemental salary or expense allowance for service rendered after October 1, 2001.
Ala. Code § 45-57-202.28 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-202.28
Section 45-57-202.28 Intent and Purpose
Status: in_force

It is the intent and purpose of this subpart to provide a more convenient and efficient method of issuing licenses and to render a better service to the people of Russell County, by incorporating in one county office the licensing, the assessment, and the collection of all taxes on motor vehicles.
Ala. Code § 45-37A-42.08 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-42.08
Section 45-37A-42.08 Identifying Owner of Vehicle
Status: in_force

In the event the evidence produced by a photographic traffic signal enforcement system, a photographic stop sign enforcement system, or a photographic vehicle speed enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity thereof cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this part. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.
Ala. Code § 45-30A-50.05 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.05
Section 45-30A-50.05 Rules, Classification Plans, and Pay Plans
Status: reserved

So long as the same are not inconsistent with this part, the board shall have the power to recommend to the governing body the adoption of rules and regulations for the operation of the civil service system established hereby, including, but not limited to a job classification plan, a pay plan, and a plan for the mandatory or permissive, or both, retirement of employees. Within 60 days after the presentation of a recommendation of the board, the governing body shall act upon the same, and if the governing body by resolution adopts the recommendation of the board, the same shall become operative and have the force and effect of law. All rules, regulations, and pay and classification plans in effect on August 22, 1973, which are not in conflict with the provisions hereof, shall remain in force and effect after August 22, 1973, until the same are altered, amended, or repealed in the manner hereinafter provided.
Ala. Code § 45-49-42.11 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-42.11
Section 45-49-42.11 Services Rendered Only by Persons of Same Sex; Violation
Status: in_force

It shall be unlawful for any person to operate a massage parlor, regardless of whether it is a public or private facility, or any bath parlor or any similar type business within the county, where any physical contact with the recipient of such service is provided by a person of the opposite sex. Any person violating this part, upon conviction, shall be punished by fine of five hundred dollars ($500) or 12 months in jail, one or both; and in addition, final conviction of any owner, manager, or person in charge of premises upon which a massage parlor is operated shall automatically terminate the license of the establishment and the county governing body shall so notify the holder thereof, and no new license for the operation of a massage parlor on the same premises shall thereafter be issued by the county governing body for a period of one year.
Ala. Code § 45-53-243.01 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-243.01
Section 45-53-243.01 Levy and Payment of Tax
Status: in_force

(a) Upon adoption of a resolution, the county commission is authorized to impose excise taxes on persons selling, distributing, storing, or withdrawing from storage for any purpose whatever, gasoline and motor fuel, not to exceed three cents ($.03) per gallon and to require every distributor, retail dealer, or storer of gasoline or motor fuel to pay such excise taxes upon the selling, distributing or withdrawing from storage for any use, gasoline and motor fuel in the county. Excise taxes levied pursuant to this part shall not be levied upon the sale of gasoline or motor fuel in interstate commerce. If the excise tax imposed under this part upon the sale of such gasoline or motor fuel shall have been paid by a distributor or by retail dealer or storer, such payment shall be sufficient, the intention being that the taxes shall not be paid but once.

(b) The excise taxes imposed pursuant to this part shall apply to persons, dealers, or distributors storing gasoline or motor fuel and distributing the same or allowing the same to be withdrawn from storage, whether such withdrawal be for sale or other use. Sellers of gasoline or motor fuel and its substitutes paying the taxes herein provided may pay the same computed and paid on the basis of their sales as hereinafter required. Storers and distributors shall compute and pay such taxes on the basis of their withdrawals or distributors.

(c) The taxes herein provided for shall be in addition to any and all excise or other taxes imposed on gasoline or motor fuel or any device or substitute therefor, or on the business of selling, distributing, storing, or withdrawing from storage for any purpose, gasoline or motor fuel. The county commission shall exempt from any tax levy upon any gasoline or motor fuel used in essential governmental functions by the State of Alabama or any agency thereof, or county agencies, municipalities, boards of education, National Guard Armories, and the federal government or any agency thereof.
Ala. Code § 45-16-140.04 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-140.04
Section 45-16-140.04 Eligible Volunteer Fire Department
Status: in_force

For the purposes of this article, an eligible fire department shall mean a fire department located in Coffee County outside of the City of Enterprise or the City of Elba which is certified under the Alabama Forestry Commission guidelines and is a member of the Coffee County Volunteer Firefighters Association. An eligible emergency medical service squad for the purposes of this article means an emergency medical service squad under a written contract with the Coffee County Commission to serve Coffee County which is licensed by the Alabama Department of Public Health, Emergency Medical Services Division, as an advanced/basic life support transporting ambulance service.
Ala. Code § 45-2-110 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-110
Section 45-2-110 Compensation - Board of Registrars
Status: in_force

In Baldwin County, in addition to any and all other compensation, salary, and expense allowance provided for by law, there may be paid to each member of the board of registrars a county expense allowance in the amount of forty dollars ($40) per day. The amount paid under this section shall be paid out of the county general fund in the same manner as other county officials are paid.
Ala. Code § 45-2-243.53 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.53
Section 45-2-243.53 Notice of Delivery of Assessment Book
Status: in_force

After the completion of the proper entries of each improvement, the book shall be delivered to the tax collector of the county, who shall thereupon give notice by publication one time in some newspaper published in Baldwin County or of general circulation therein that the assessment roll or list has been delivered to him or her and is open for inspection in his or her office.
Ala. Code § 45-9-90 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-90
Section 45-9-90 Banks
Status: in_force

Any bank, whether incorporated or unincorporated, within this state, now or hereafter situated in Chambers County, and where the principal place of business of such bank is situated in the county shall have the power to establish, maintain, and operate within the county, one or more branches, or branch banks, branch offices, branch agencies, additional offices, or branch places of business for the receipt of deposits, payment of checks, lending of money and the conduct of a general banking and trust business, provided that such bank before the establishment of any such branch or branches, shall first secure the written consent thereto of the State Superintendent of Banks.
Ala. Code § 45-22-120.14 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-120.14
Section 45-22-120.14 Commission Rights Not Restricted
Status: in_force

Nothing herein contained shall be construed as restricting the right of the commission to increase or decrease proportionately the compensation of all employees; or to use independent contractors for performance of work or the rendering of service to the county.
Ala. Code § 45-20A-50.06 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-50.06
Section 45-20A-50.06 Board of Education - Compensation
Status: in_force

The compensation for each member of the board of education shall be one hundred dollars ($100) per month payable from city school system funds. The board of education, by majority vote, may change the amount of compensation if voted upon at least six months before the deadline date for qualifying as a candidate for the 2004 election. Thereafter, the board may, from time to time, establish the compensation for successor boards.
Ala. Code § 45-52-90 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-90
Section 45-52-90 Morgan County 2015 Commission
Status: in_force

(a) In Morgan County, there is created the Morgan County 2015 Commission (hereinafter called the commission), for the long-term planning of economic development, business, and education in the county, whose members serve on a voluntary basis and without compensation.

(b)(1) The commission shall be composed of volunteer residents of the county who submit written application for appointment to the Morgan County Legislative Delegation as provided herein for the following positions: Director, deputy director, associate directors for the areas described in subsection (b), and other commission membership positions as the delegation may offer.

(2) Associate directorships shall be available for each of the following areas:

a. Education.

b. Economic development.

c. Business and industry.

d. Recreation and tourism.

e. General information.

f. Environment.

g. Governmental relations.

h. Regional development.

i. Any other areas deemed necessary by the delegation.

(3) The legislative delegation shall make all appointments for a period of five years for each position herein described or created by the delegation. Successors shall be appointed by the delegation for five-year terms. Vacancies for unexpired terms shall be made by the delegation.

(c) No direct appropriations from the state shall be made to the commission. The commission, however, may receive, hold, and expend any public or private grant for a specific purpose and may receive financial or other assistance from any governmental agency if approved by the agency for the purposes of, without limitation, the hiring of clerical or office personnel, supplies, furniture, office space, or other accommodations or equipment.

(d)(1) The commission shall prepare a 25-year plan, a 20-year plan, a 15-year plan, a 10-year plan, and a five-year plan to correspond respectively with the years 2015, 2010, 2005, 2000, and 1995. The plans shall contain comprehensive projections, observations, suggestions, and comments which express the goals, responsibilities, needs, desires, and aspirations for the long-range planning for the residents of Morgan County.

(2) These plans shall be presented by the commission to the county legislative delegation, and shall be made available to interested residents of the county as follows:

a. The 1995 plan shall be presented between December 1, 1990, and January 15, 1991.

b. The 2000, 2005, 2010, and the 2015 plans shall be presented as soon as possible, but not later than five years prior to January 1 of each year.

(e) The commission shall not engage in partisan politics in any form concerning its official duties.
Ala. Code § 45-39-82.04 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.04
Section 45-39-82.04 Admission into Program
Status: in_force

(a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as a part of the district attorney’s evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, education history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program.

(b) The district attorney may require the offender to submit to any test or evaluation process the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this part.
Ala. Code § 45-52A-34.09 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-34.09
Section 45-52A-34.09 Appeal of Denial
Status: in_force

Any person having a request for a certificate of appropriateness denied by the historic preservation commission, or architectural review board as hereinafter provided, may appeal the denial to the Circuit Court of Morgan County.
Ala. Code § 45-37-162.06 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-162.06
Section 45-37-162.06 Statements Under Oath by Third Parties
Status: in_force

(a) The county may not make any payment to a person described in subdivision (3) of subsection (a) of Section 45-37-162.05 unless the county obtains a written statement under oath by the person declaring all of the following:

(1) The amount and purpose of the payment received by the person.

(2) The identity of each third person who received, directly or indirectly, any portion of the payment.

(3) The amount and purpose of any payment to a third party.

(b) Each statement obtained by the county shall be filed in the public records of the county. The county may not enter into any swap agreement unless the county obtains a written statement under oath by the person identifying any third person to whom the payment was made and the amount paid to the person.
Ala. Code § 45-37-60.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-60.01
Section 45-37-60.01 Office of Coroner Abolished
Status: in_force

In Jefferson County the office of coroner is abolished and all powers, rights, and duties now or hereafter authorized or required by law to be performed by coroners shall be exercised and performed by the governing body through appointed coroners-medical examiners, representatives, or agents, for the performance of such duties in the entire county or in a designated portion thereof, pursuant to this part and the rules promulgated by the herein established Coroner–Medical Examiners’ Commission.
Ala. Code § 45-30A-50.17 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.17
Section 45-30A-50.17 Procedure for Protesting Certain Disciplinary Action
Status: in_force

(a) An employee shall have the right to protest any disciplinary action taken against him or her by his or her appointing authority; provided, however, an employee serving by temporary appointment and an employee having probationary status shall have no right to protest any such disciplinary action, unless such employee had permanent status in some other position at the time he or she was appointed to his or her present position. An employee desiring to protest any disciplinary action directed against him or her by his or her appointing authority shall file a protest in writing with the board and with his or her appointing authority within seven days of the date on which the disciplinary action was taken and request a hearing before the board. Within seven days after receipt of the protest, his or her appointing authority shall file with the chair of the board and mail to the employee by certified mail a statement specifying the charges against such employee on which the disciplinary action was based. Upon the filing of such charges, the chair shall call a meeting of the board to be held within 30 days after the filing of such charges to hear such protest, and shall forthwith give notice by certified mail to the employee and his or her appointing authority of the time and place of such meeting. The board shall have the authority to continue the hearing from time to time as may be necessary. In preparing for and conducting such hearing, the chair and secretary-treasurer of the board shall each have the power to administer oaths, and to subpoena and require the attendance of witnesses and the production of books, documents, and accounts pertaining to the subject under investigation.

(b) Subpoenas issued as herein provided shall be served, and the fees and allowances for the service thereof shall be the same, as is provided by law for the service of subpoena issued by the Circuit Court of Franklin County. The fees and allowances in connection with the service of such subpoena issued at the request of the appointing authority or the board shall constitute reasonable and necessary expenses of the board. Such subpoena issued at the request of the employee shall be served as aforesaid but only after such employee has deposited sufficient security with such sheriff or other officer as shall guarantee payment of such fees and allowances for such service. In the event any person is duly summoned to appear and testify or produce evidence, or both, before the board, and such person refuses to attend or testify or produce such evidence, or any of them, in obedience to such summons, the board shall have the right to invoke the aid of the circuit court at law. In such event, and upon proper showing by the board to the court, the court shall issue, or cause to be issued, an order or subpoena requiring such person to appear before the board and produce all evidence and give all testimony relating to the issue within his or her knowledge. Any person failing to obey any such summons by either of the officers of the board without good cause, to be determined by the court, may be punished by the court in the same method as is provided by law for contempt of the court and any person failing to obey any such order or subpoena of the court may be proceeded against by the court as is by law provided in the case of contempt of such court. In addition, any employee of the city who fails to obey any of such orders or subpoenas may be disciplined as provided in Section 45-30A-50.16.

(c) At the hearing the employee and his or her appointing authority shall each have the right to be represented by counsel. Such hearing shall be governed by rules of practice and procedure adopted by the board, and in conducting such hearing, the board shall not be bound by the technical rules of evidence. No informality of procedure in the conduct of such hearing shall invalidate any decision made by the board. At the conclusion of the hearing, the board shall render a decision (1) affirming the disciplinary action taken if it is reasonably satisfied from the evidence offered at the hearing that the disciplinary action taken was lawful or was not too severe; or (2) reversing the action of the appointing authority if it is reasonably satisfied from such evidence that the disciplinary action taken was not lawful; or (3) modifying the disciplinary action taken and prescribing the proper penalty if it is reasonably satisfied from such evidence that the employee was subject to some disciplinary action, but that the penalty imposed was too severe. If the board’s decision reduces the severity of the disciplinary action taken against the employee, the board, in its decision, may provide that the employee shall be reinstated with or without pay; provided, however, in the event any employee is so ordered to be reinstated with pay, such pay shall not exceed the amount that the employee as such earned during the 30 days next preceding the taking of the disciplinary action in question. A copy of the board’s decision shall be filed with the city clerk of the city and such decision shall become effective immediately upon such filing, and it shall become final 10 days thereafter unless reversed or modified as hereinafter provided. The personnel board shall be represented by the city attorney, or an attorney designated by the governing body of the city, and the attorney shall perform such duties as the board may direct and require. Any compensation paid the attorney shall be paid as in Section 45-30A-50.21.
Ala. Code § 45-10-243.04 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-243.04
Section 45-10-243.04 Deposit of Proceeds
Status: in_force

Except as otherwise provided in this part, all proceeds from the tax levied by this part shall be deposited into the Cherokee County General Fund.
Ala. Code § 45-22-101 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-101
Section 45-22-101 Compensation
Status: in_force

(a) The Cullman County Commission on Education shall reimburse the office of the county superintendent of education from the general fund of the county, allocated for schools, the amount of any monetary loss, not to exceed a total for each office of two thousand five hundred dollars ($2,500) per annum, arising or caused by error, if the mistake or omission was caused without personal knowledge, including loss arising from acceptance of worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent.

(b) It shall be the duty of the county superintendent of education to insure that employees exercise due care in performing their duties and to make a diligent effort to correct the error, mistake, or omission and collect the amount subject to potential loss immediately upon becoming aware of the potential loss. This section shall not apply to any deliberate misuse or misappropriation of funds by the official or by any clerk or employee under the superintendent’s jurisdiction.
Ala. Code § 45-41A-42 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-42
Section 45-41A-42 Police Jurisdiction in Counties in Which Lie Opelika Corporate Limits
Status: in_force

(a) The City of Opelika shall not exercise police jurisdiction in any county unless a part of its corporate limits also lies in the county. The City of Opelika shall not exercise taxing powers nor shall it enforce any ordinance, subdivision regulation, or sanitation regulation in any county unless a part of its corporate limits lies in the county.

(b) Nothing in this section shall prohibit the City of Opelika from exercising police jurisdiction within Lee County or any other county into which the corporate limits may extend.
Ala. Code § 45-52-100 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-100
Section 45-52-100 Composition of Board; Districts
Status: in_force

(a) The Morgan County Board of Education shall be composed of seven members elected from districts as follows: One member shall be elected from each of the board of education districts hereinafter described and shall be a qualified elector thereof, and shall reside in the district. All members shall be elected by the qualified electors residing within all school districts under the jurisdiction of the Morgan County Board of Education.

(b)(1) The Morgan County Board of Education districts shall be as follows:

a. District One, the West Morgan area, shall consist of election precincts 1 and 17.

b. District Two, the Danville area, shall consist of election precincts 2, 18, and 19.

c. District Three, the Falkville area, shall consist of election precincts 20 and 21.

d. District Four, the Eva area, shall consist of election precincts 22, 23, 25, and 10.

e. District Five, the Priceville area, shall consist of election precincts 5 and 14 and that area outside the city limits of Hartselle in election precincts 15 and 16.

f. District Six, the Cotaco area, shall consist of election precincts 6, 7, 11, 12, 13, and 24.

g. District Seven, the Union Hill area, shall consist of election precincts 8 and 9.

(2) The qualified electors in precincts 3 and 4, the Decatur area, are specifically omitted; the City of Hartselle is specifically omitted.

(3) The county commission may alter the districts after each 10-year census in order to maintain an equal number of residents in each district.

(c)(1) Members of the board shall take office at the first regularly scheduled meeting of the board following their election in November. They shall qualify and be removed in the same manner as prescribed in Chapter 8 of Title 16.

(2) All members of the board shall be, at the time of their election or appointment, and during their continuance in office, qualified electors of Morgan County and of the district from which they are elected or appointed. The members of the board shall elect a chair from among themselves, and, after the 1976 general election, any four members of the board shall constitute a quorum for the transaction of business.

(3) Any vacancy on the board occurring during the first 16 months of the term shall be filled at the next countywide election. In the interim before its election, the board shall appoint a person to the board from the same district as the original appointment to serve until the election. The election shall be held in the same manner as the original election for the district seat vacated. Any vacancy on the board occurring after the first 16 months of the term shall be filled by the remaining members of the board in the same manner as prescribed by Section 16-8-6.
Ala. Code § 45-48A-10.01 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-10.01
Section 45-48A-10.01 Establishment and Regulation of Entertainment Districts; Entertainment District Permits; Enforcement
Status: in_force

(a) The City Council of the City of Albertville, by ordinance, may provide for the establishment of an entertainment district or districts in the city. The number and boundaries of any entertainment district shall be defined in the ordinance. The ordinance of the city council shall regulate the hours of operation of an entertainment district and may regulate the type of licenses authorized to operate as a part of the entertainment district. The ordinance may provide for the revocation of the entertainment district designation and may regulate any other aspect of the operation of the entertainment district.

(b) A retail licensee of the Alabama Alcoholic Beverage Control Board licensed to sell alcoholic beverages for on-premises consumption located in an entertainment district may be authorized to obtain an entertainment district permit subject to the provisions of the ordinance. Notwithstanding any other provision of law, any licensee that receives an entertainment district permit shall comply with all laws and rules governing its license, except that patrons, guests, or members of the licensee may exit the licensed premises with open containers of alcoholic beverages anywhere within the confines of the entertainment district, but they may not enter the premises of another licensee with open containers or closed containers of alcoholic beverages acquired elsewhere. In addition, the ordinance shall prohibit a person other than a retail licensee from possessing or bringing in the entertainment district an open or closed container of alcoholic beverages acquired outside of the entertainment district during the hours of operation of the entertainment district.

(c) The ordinance of the city council shall be enforced by the City of Albertville and shall provide penalties for violations of the ordinance as otherwise authorized by law.
Ala. Code § 45-44-150.17 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-150.17
Section 45-44-150.17 Manipulation of Race Outcomes
Status: in_force

Any person who shall influence or have any understanding or connivance with any owner, groom, or other person associated with or interested in any kennel, greyhound, or race in which any greyhound participates, to prearrange or predetermine the results of any such race, or any person who shall stimulate or depress a greyhound for the purpose of affecting the results of a race, shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the state prison for not less than one year nor more than 10 years, or shall be fined not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000), or both such fine and imprisonment, in the discretion of the court.
Ala. Code § 45-54-242.56 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.56
Section 45-54-242.56 Cost of Collection; Warrant; Certification
Status: in_force

(a) The state Department of Revenue shall charge the county for collecting the additional county sales and use taxes levied under Section 45–54–242.51 an amount or percentage of total collections as may be agreed upon by the state Commissioner of Revenue and the Pickens County Commission. The charge shall not exceed five percent of the total amount of the additional county sales and use taxes collected in the county under Section 45–54–242.51. The charge for collecting the additional taxes may be deducted each month from the gross revenues from the additional taxes before certification of the amount of the proceeds from the taxes due the county for that month. The state Commissioner of Revenue shall pay into the State Treasury all taxes collected as the taxes are received by the state 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 under this subpart. The commissioner shall certify to the Comptroller the amount of taxes collected under Section 45–54–242.51 and paid by him or her into the State Treasury for the benefit of the county during the month immediately preceding the certification. Before certifying the amount of the tax paid into the State Treasury for the benefit of the 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 Treasurer of Pickens County in his or her official capacity in an amount equal to the amount certified by the state Commissioner of Revenue as having been collected for the use of the county. The Comptroller shall then deliver to the Pickens County Commission the balance remaining.

(b) All revenues arising from the taxes levied in Section 45–54–242.51 shall be distributed by the Treasurer of Pickens County to the Pickens County Hospital Association.
Ala. Code § 45-38-141.01 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-141.01
Section 45-38-141.01 Legislative Intent
Status: in_force

This part is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the state and of the county with full and adequate powers to fulfill its functions. It is the further legislative intent that the Lamar County Water Coordinating and Fire Prevention Authority develop a master plan of operation for the water authority for the initial eight years of operation in consultation with all existing water authorities in and adjoining Lamar County and any county or local governments for the purpose of bringing about industrial development and economic expansion in the county as well as ensuring the health and safety of all citizens.
Ala. Code § 45-16A-40.09 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.09
Section 45-16A-40.09 Recordkeeping
Status: in_force

The town shall keep statistical data regarding the effectiveness of automated photographic speeding enforcement systems in reducing speeding violations and collisions and shall communicate the data on an annual basis to the Alabama Department of Transportation and the Alabama Justice Information Commission.
Ala. Code § 45-15-60.01 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-60.01
Section 45-15-60.01 Additional Expense Allowance
Status: reserved

Repealed by Act 2007-243, p. 328, §2, effective September 1, 2007.
Ala. Code § 45-57A-63.63 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.63
Section 45-57A-63.63 Administrative Departments
Status: in_force

(a) There shall be a department of finance, and such other departments as may be established by ordinance upon the recommendation of the manager. In addition, the position of city planner shall be established.

(b) Prior to any employee disciplinary action, the city manager shall consult with the city attorney if possible.

(c) The council may enter into an employment contract only with the city manager.
Ala. Code § 45-7-82.31 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund
Status: in_force

(a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender will be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program.

(b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program.
Ala. Code § 45-48-83.01 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-83.01
Section 45-48-83.01 Filing and Venue of Civil and Criminal Cases
Status: in_force

(a) Any civil or criminal action filed in the district or circuit court in Marshall County, including the juvenile and family court, after January 1, 2009, for which venue is otherwise appropriate in the county, may be filed at the Guntersville or Albertville Courthouses, and venue shall be determined on a countywide basis without regard to any courthouse or division lines.

(b) After January 1, 2009, any case filed in district or circuit court in the county, including the juvenile and family court, may be tried in either courthouse in the county or at another location designated by the presiding circuit judge.
Ala. Code § 45-39-245.48 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-245.48
Section 45-39-245.48 Effective Date; Reduction in Rates of Taxes; Termination of Levy of Taxes
Status: in_force

(a) If the governing body of the county elects to levy or impose any of the taxes herein authorized to be levied and imposed, it shall specify, as the effective date of such levy, the first day of the second calendar month next following that during which such levy is made; provided, that such governing body may not levy or impose any such taxes unless the effective date of such levy is the same as the effective date of the levy, by the governing body of Colbert County, of any of the taxes authorized to be levied and imposed pursuant to Part 4, commencing with Section 45-17-243, of Article 24 of Chapter 17 of this title.

(b) The governing body of the county may, at any time and from time to time after the levy of any of the taxes herein authorized, but subject to succeeding provisions of this section, and subject to constitutional limitations on the impairment of contracts,

(1) Reduce the rate at which any of such taxes is levied below the rate specified in either Section 45-39-245.41 or Section 45-39-245.42, whichever is applicable, or

(2) Terminate any of the taxes herein authorized to be levied by it. However, notwithstanding any such reduction in rate, the governing body of the county may again thereafter from time to time increase the rate of such levy, but in no event may such rate exceed the applicable rate specified in Section 45-39-245.41 or Section 45-39-245.42, as the case may be. Further, notwithstanding any such termination, the governing body of the county may again thereafter from time to time levy and impose any such taxes, subject to this subpart.

(c) No tax levied hereunder may be either reduced in rate or terminated by the county, as authorized in the preceding provisions of this section, prior to the tenth anniversary of the effective date of the levy of such tax. In addition, if there are at the time outstanding and unpaid any bonds, warrants, notes, or other securities or obligations issued by either the county, Colbert County, the authority, or any other public body, and which by their terms are payable, in whole or in part out of, or secured by a pledge of, any revenues or proceeds from any of such taxes, then

(1) None of such taxes may then be terminated by the county, and

(2) The county may not then reduce the rate of any such taxes if as a consequence thereof the issuer of such bonds, warrants, notes, or other securities or obligations would not be able to provide for payment in full of all principal of and interest, and premium, if any, on such bonds, warrants, notes, or other securities or obligations, in accordance with their terms.

(d) None of the taxes herein authorized may at any time be either reduced in rate or terminated by the county unless, simultaneously with such reduction in rate or termination, as the case may be, all the aforesaid taxes then levied by Colbert County are also reduced in rate to the same extent and in the same manner, or terminated, as the case may be, by the governing body of Colbert County, it being the intent of this subpart that the taxes herein authorized to be levied by the county and those authorized as aforesaid to be levied by Colbert County shall be levied only during the same period or periods, in the same amounts or at the same rates, as the case may be, and on or with respect to the same subjects of taxation.

(e) In the event that any or all such taxes are so terminated, any proceeds thereof that are at the time on deposit in the Shoals Economic Development Fund, or that are thereafter received, shall be held in the Shoals Economic Development Fund and expended by the committee and the authority only for purposes for which such proceeds may lawfully be expended.
Ala. Code § 45-40-233.81 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-233.81
Section 45-40-233.81 Participation by Municipalities. (Amended by Act 2026-312)
Status: in_force

THIS SECTION WAS AMENDED BY ACT 2026-312, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE.

Any municipality in Lawrence County may elect to participate in the programs authorized by this subpart. The election shall be evidenced by a resolution adopted by the governing body of the municipality by which the municipality agrees to participate in the programs authorized by this subpart and to contribute any revenue arising from work release programs authorized by this subpart to the Lawrence County Community Corrections and Court Services Fund. A certified copy of the resolution shall be sent to the Lawrence County Community Corrections and Court Services Commission and the election shall be effective on the first day of the calendar quarter next following delivery of the resolution to the commission.
Ala. Code § 45-45-81.30 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-81.30
Section 45-45-81.30 Passports
Status: in_force

Of the fifteen dollar ($15) execution fee on each application for a passport allowed under the provisions of 22 U.S.C. § 214, as implemented by regulations of the United States Department of State, the Circuit Clerk of Madison County may collect and retain five dollars ($5) and shall deposit ten dollars ($10) into the county general fund for distribution to the Huntsville/Madison County Mental Health Association.
Ala. Code § 45-14-130.05 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-130.05
Section 45-14-130.05 Surety Bond
Status: in_force

Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of five thousand dollars ($5,000), payable to Clay County, conditioned for the faithful discharge and performance of his or her duties as such engineer, and for the faithful accounting of all monies or property of the county, which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama, and be approved by the commission. The premiums shall be paid by the county.
Ala. Code § 45-31-141.07 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-141.07
Section 45-31-141.07 Payment of Election Costs
Status: in_force

Where an election is held on the question of the establishment of a district, the governing body of the county shall pay for the necessary expenses of advertising and conducting the election out of the general funds of the county. The district shall pay the expense of any special election held on behalf of the district.
Ala. Code § 45-35A-54.38 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.38
Section 45-35A-54.38 Vacancies Preventing Quorum on Board
Status: in_force

Should a vacancy exist simultaneously from any cause hereinabove provided for in three commissionerships, so as to leave no quorum of the board to fill same, an election to fill the vacancies shall be called by the remaining commissioners, to be held not less than 20 nor more than 30 days from the occurrence of the third vacancy. Notice of the election and of the time of holding the same shall be given by one publication at least 15 days in advance of same in one or more newspapers in the city at the expense of the city. The commissioners chosen at this election shall qualify as speedily as possible thereafter. They shall serve for the unexpired portions of the terms of their predecessors.
Ala. Code § 45-35A-54.15 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.15
Section 45-35A-54.15 Meetings of Board - Recordkeeping
Status: in_force

A record of the proceedings of every such meeting shall be kept in a well bound book and shall be signed by at least three of the commissioners before the action taken at such meeting shall be effective. Every resolution and ordinance adopted by the board of commissioners shall be kept in either the same or another well bound book. All such records shall be kept available for inspection by all citizens of such city at all reasonable times.
Ala. Code § 45-36A-60 — Alabama Code / Title 45 / Chapter 36A / Section 45-36A-60
Section 45-36A-60 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

The town council or other governing body of the Town of Hollywood in Jackson County, by resolution adopted by a majority of the council, may regulate and permit the sale of alcoholic beverages during certain hours on Sunday as determined by the town council by properly licensed retail licensees of the Alcoholic Beverage Control Board and the Town of Hollywood serving the general public in the town.
Ala. Code § 45-28A-42.05 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.05
Section 45-28A-42.05 Rules and Regulations
Status: in_force

The civil service board shall make rules and regulations to carry out the purpose of this subpart, and for examinations, appointments, and removals in accordance with its provisions and the board may, from time to time, make changes in the existing rules. The chief of police and the chief of the fire department shall, from the membership of their respective departments, recommend for promotion such person or persons as the occasion may call for to fill any vacancy or vacancies that may occur in the respective departments, and all such vacancies shall be filled and all such promotions shall be made by the civil service board. The board may make rules and regulations relating to the eligibility for promotion. The chief of the police department and the chief of the fire department shall have authority in their respective departments to demote any member of the respective departments by and with the consent and approval of the civil service board, provided, however, that upon written demand filed with the civil service board within five days from the date of the order of demotion the person whom it is proposed to demote shall be given a public hearing by the civil service board before any order of demotion shall be final. The chief of the police department and the chief of the fire department shall have authority to suspend any member of their respective departments pending the hearing by the civil service board. In the event any vacancy shall occur in the office of chief of the police department or chief of the fire department such vacancy shall be filled by the civil service board. In the event there is a reduction in the number of firemen or policemen employed by such cities, the men or women last employed shall be the first to be dropped, and so on in succession; provided that the number of patrolmen in the police department who are qualified as motorcycle patrolmen shall not thereby be reduced below the number which may from time to time be determined by the board of commissioners of such city as needed for motorcycle patrolmen; provided, further, that the number of men or women in the fire department who are qualified as mechanics shall not thereby be reduced below the number which may from time to time be determined by the board of commissioners of such city as needed for mechanics in the department.
Ala. Code § 45-2-244.044 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.044
Section 45-2-244.044 Additional Levies Authorized
Status: in_force

(a) After January 1, 1995, the county commission is authorized to levy two separate and distinct taxes each in the amount of one cent ($.01) per gallon on persons, corporations, copartnerships, companies, agencies, and associations engaged in the business of selling, distributing, storing, or withdrawing from storage, for any purpose whatever, gasoline and motor fuel and substitutes therefor in the county. The tax shall parallel the state excise tax on gasoline and motor fuel and shall be collected in the same manner.

(b) Effective October 1, 2018, the county commission is authorized to levy an additional tax not to exceed three cents ($.03) per gallon on persons, corporations, copartnerships, companies, agencies, and associations engaged in the business of selling, distributing, storing, or withdrawing from storage, for any purpose whatever, gasoline and motor fuel and substitutes therefor in the county. The tax shall parallel the state excise tax on gasoline and motor fuel and shall be levied and collected in the same manner as the tax authorized in subsection (a). The net proceeds of any tax levied pursuant to this subsection shall be deposited in the special fund and the funds shall all be expended on a pay-as-you-go basis and not pledged for any bonded indebtedness. The funds shall generally be expended for the same purposes as the special fund except one-fouth of the net proceeds shall be distributed on a proportional basis to the organized and active municipalities in the county based on the percent that the population of each organized and active municipality in the county bears to the total population of all organized and active municipalities in the county to be used by the municipality for the purposes of the fund.
Ala. Code § 45-36-241 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-241
Section 45-36-241 Relief from Obligations Incurred in Relation to Excessive Homestead Exemptions
Status: in_force

Each member of the Board of Equalization of Jackson County shall be paid a total of thirty dollars ($30) per diem for each day’s attendance upon the session of the board. Any portion of this amount not paid by the state shall be paid from the general fund of the county.
Ala. Code § 45-20-130.07 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-130.07
Section 45-20-130.07 Accountability for Machinery, Equipment, Etc.; Inventory
Status: in_force

The county engineer shall be the custodian and accountable to the county commission for all road machinery and equipment, tools, supplies, and repair parts owned by Covington County. The county commission shall establish necessary policies and regulations governing accountability and relief therefrom. The county commission shall furnish the necessary storage and repair facilities for the tools, machinery, supplies, and equipment, and the county engineer shall keep on file in his or her office an up-to-date inventory containing a list of all tools, machinery, equipment, parts, and supplies owned by the county.
Ala. Code § 45-49-249.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.06
Section 45-49-249.06 Payment to License Tax
Status: in_force

(a) The county license tax imposed by this subpart and collected by the seller, wholesaler or retailer, shall be paid to the county commission, and the county commission, after first reimbursing the county general fund for expenses incurred in the administration and enforcement of this subpart, shall, between the 11th and 20th day of each month deposit the remainder of the proceeds of the tax in the county General Fund of Mobile County to be paid out to the Greater Mobile-Washington County Mental Health-Mental Retardation Board, Inc. The fund shall be expended by the board in Mobile County only for mental health purposes and all other purposes specified and allowed in Acts 1967, No. 310 (Acts 1967, p. 853).

(b) The city or municipal license tax, if any, collected by the seller, wholesaler or retailer, shall be payable by the seller directly to the city, municipality, or town entitled to the city license tax.
Ala. Code § 45-22-101.01 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-101.01
Section 45-22-101.01 Appointment; Qualifications; Compensation
Status: in_force

(a) Beginning at the time of expiration of the current term of office of the Cullman County Superintendent of Education, and thereafter, the Cullman County Superintendent of Education shall be appointed by the Cullman County Board of Education in accordance with Chapter 9 of Title 16. The appointed superintendent shall take office on the date prescribed by general law, and shall serve for a term of two years to four years from the first day of July next succeeding his or her appointment. Any vacancy in the office of county superintendent of education in the time interim between the vacation of the office due to expiration of the term of the prior county superintendent of education or due to other causes and the assuming of office by the first county superintendent of education appointed pursuant to this section shall be filled for the duration of the unexpired term by the county board of education in the manner prescribed by general law. The appointment shall terminate on the date the first county superintendent of education appointed pursuant to this section assumes office. The compensation of the interim appointee shall be set by the county board of education and the interim appointee shall serve at the pleasure of the county board of education.

(b) The Cullman County Superintendent of Education shall possess all the qualifications prescribed for county superintendents of education by the general laws of the state, shall possess all the powers granted by the general laws of the state, and shall perform and discharge all the duties of county superintendents of education prescribed by the general laws of the state.

(c) The Cullman County Superintendent of Education shall receive compensation in an amount as set by the Cullman County Board of Education.
Ala. Code § 45-2-120.03 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-120.03
Section 45-2-120.03 Employees Subject to System
Status: in_force

All county employees shall be hired, retained, disciplined, and dismissed based on rules, policies, and procedures adopted to implement this article. This personnel system shall apply to all employees except the following:

(1) Elected officials.

(2) Members of appointed boards and commissions.

(3) Volunteers who receive no compensation from the county.

(4) Persons performing work under contract with the county and not carried on the payroll as employees.

(5) Persons whose employment is subject to the approval of the United States Government or the State of Alabama.

(6) Appointed employees.

(7) Appointed contract employees.
Ala. Code § 45-29A-30 — Alabama Code / Title 45 / Chapter 29A / Section 45-29A-30
Section 45-29A-30 Sale of Draft or Keg Beer or Malt Beverages
Status: in_force

(a) This section shall only apply to the City of Fayette in Fayette County.

(b) The sale of draft or keg beer or malt beverages by retail licensees of the Alcoholic Beverage Control Board is authorized in the City of Fayette. All resolutions and ordinances relating to the sale, consumption, and possession of bottled or canned beer in the city shall apply to draft or keg beer or malt beverages. The Fayette City Council may adopt an ordinance regulating the sale of draft or keg beer or malt beverages pursuant to this section.
Ala. Code § 45-47-110 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-110
Section 45-47-110 Compensation of Election Officials
Status: in_force

All election officials in Marion County shall receive twenty-five dollars ($25) per day for the performance of their official duties. The county governing body shall supplement the compensation already provided for by the general law with funds out of the county general fund sufficient to bring the compensation up to the amount provided by this section. In the case of municipal elections, the supplement shall be paid out of municipal funds by the municipal governing body.
Ala. Code § 45-2-72.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-72.01
Section 45-2-72.01 Membership; Terms of Office
Status: in_force

(a) Effective beginning the next term of office, the position of Chair of Baldwin County Commission shall rotate from among the members of the commission on an annual basis. At its organizational meeting required in Section 11-3-1, the commission, by majority vote of its members, shall elect a chair who shall serve in that capacity for 12 months. Also during the meeting, the commission shall establish a rotation of the position of chair to enable a commissioner from each of the other three districts to serve as chair for 12 months beginning with the first meeting in November of the year following the organizational meeting required in Section 11-3-1. Notwithstanding the foregoing, a member may decline to serve as chair during all or part of the period of his or her rotation by the submission of a written statement to the commission, and the commission shall select a member to serve as chair during the rotation period of the member.

(b) During the current term of the county commission, the chair of the commission serving on May 12, 2005, shall serve as chair until the first meeting in November 2005, and the commission shall elect another member of the commission to serve as chair to serve until the organizational meeting of the commission after the next election of the commission.
Ala. Code § 45-20-241 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-241
Section 45-20-241 Election; Term of Office
Status: in_force

After September 30,1991, there shall be a county revenue commissioner for Covington County. A county revenue commissioner shall be elected at the general election in 1990, and at the general election every six years thereafter. The county revenue commissioner shall serve a term of six years commencing the first day of October next after his or her election and until his or her successor is elected and has qualified.
Ala. Code § 45-10-243.05 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-243.05
Section 45-10-243.05 Commerce Clause
Status: in_force

None of the provisions of this part shall be applied in a manner to violate the Commerce Clause of the United States Constitution. If a provision of this part is held invalid, the invalidity shall not affect the remaining provisions of this part.
Ala. Code § 45-37-210.25 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-210.25
Section 45-37-210.25 Affirmative Defenses
Status: in_force

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

(2) 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.

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

(b) 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, was timely reported to the appropriate law enforcement agency.
Ala. Code § 45-49-43.11 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-43.11
Section 45-49-43.11 Property Held for Inspection or Examination
Status: in_force

The property of the kind described in Section 45-49-43 shall be held in the same form, shape, or condition in which they were purchased, without mutilation, melting, reduction to block or lump form, or destruction of the form thereof, for a period of 86 hours after the hour when the licensee reports the purchase to the chief of police or sheriff, during which time the article or articles shall be open to inspection or examination by the chief of police, or such officer or officers of the police department or sheriff or other law enforcement officer as may be delegated to make such examination or inspection, unless permission for change in form or sale is obtained in writing from the chief of police or sheriff after the filing of the report required by Section 45-49-43.07.
Ala. Code § 45-28A-42.57 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.57
Section 45-28A-42.57 Warrants
Status: in_force

All monies ordered to be paid from such policemen’s and firemen’s retirement fund shall be paid by the secretary-treasurer of such fund only upon warrants signed by the chair of such board of trustees and countersigned by one associate member of such board of trustees and by the secretary-treasurer; and no warrant shall be drawn on such fund except by order of the board of trustees, which shall be duly and regularly entered in the record of the proceedings of the board of trustees. Any monies wrongfully paid from such fund shall be charged against the members of the board of trustees.
Ala. Code § 45-44-240.26 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-240.26
Section 45-44-240.26 Vacation of Prior Offices
Status: in_force

Should either the offices of tax assessor or tax collector for Macon County be vacated for any reason whatsoever between June 18, 1987, and September 30, 1991, this subpart shall become effective immediately with the remaining office holder acting as county revenue commissioner for the remainder of the term for which he or she was elected.
Ala. Code § 45-37A-51.162 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.162
Section 45-37A-51.162 Elected Officials, Appointed Employees, and Employees in the Unclassified Service
Status: in_force

(a) Elected officials. (1) Each officer shall be eligible to become a member of the system by exercising the option hereby given in the manner and within the time provided for in this subsection and not thereafter.

(2) Any person who is an officer may exercise such option within 90 days from the date upon which such person shall officially take office.

(3) An officer desiring to become a member under this subsection shall deliver to the city director of finance, within the time above specified, a signed statement reciting that the officer elects to become a member of the system. The election thus made shall be irrevocable. After electing to become a member, an officer shall be subject to all burdens and entitled to all rights attached to membership in the system, including the subjection of the officer to salary deductions and entitlement to contributions by the city on his or her behalf to the fund in accordance with this subpart, for salary deductions and contributions by the city to the pension fund on behalf of members of the system.

(4)a. As herein used, the term prior service means a person’s service as an officer prior to such officer’s entering the system; the term liability for unpaid contributions means the liability an officer shall discharge to convert his or her prior service to credited service, the amount of which liability shall be the sum of these two amounts:

1. The sum of all contributions the officer would have paid the system from his or her salary during such officer’s prior service had his or her salary been subject to deductions for contributions, at the rate applicable when the officer received such salary.

2. Interest at the rate of four percent per annum prior to July 1, 2006, and used in the most recent earnings assumption in the actuarial report compounded annually thereafter, on each separate contribution the officer would have made to the system had the officer been a member during his or her prior service calculated from the date whereon such officer would have made such contribution had such officer been a member of the system to the date he or she pays such contribution.

b. No officer shall receive credit for pension purposes for prior service unless he or she converts such prior service to credited service as herein provided.

(5) When an officer becomes a member of the system the officer may then, but not thereafter, elect to convert prior service to credited service. Upon electing to convert his or her prior service to credited service the officer shall then discharge his or her liability for unpaid contributions in one of the manners prescribed in the two sentences next following. The officer may discharge such liability by then paying to the system the full amount of such liability. Unless the officer then discharges in full such liability, at the end of each payroll period following the officer’s election to convert prior service to credited service, the city, in addition to deductions from the officer’s salary and expense allowance to the extent that the option to include expense allowances is to be included in pension calculations and is subject to pension contributions, otherwise provided for, shall deduct from such salary, and expense allowance as necessary, for each payroll period an amount equal to five percent prior to July 1, 2006, and the rate used in the current employees’ rate of contribution subsequent thereto, of such liability for unpaid contributions, together with interest thereon at the rate used in the most recent earnings assumption in the actuarial report compounded annually per annum from the date whereon the officer enters the system until such liability, including interest, is fully discharged.

(6) Contemporaneously with the officer’s discharging his or her liability for unpaid contributions for all or any part of such officer’s prior service converted to credited service, or with the city’s making any payment to the general employees’ system through salary deductions to discharge such liability, the city shall pay to the fund of the general employees’ system from the general funds of the city an amount equal to the sum of these two amounts:

a. The sum of all payments the city would have made from the general funds of the city to the fund of the general employees’ pension system if the officer had been a member of the system during all of that period of prior service which he or she converts to credited service.

b. Interest at the rate of four percent per annum prior to July 1, 2006, and six percent compounded annually per annum subsequent thereto, on each separate payment the city would have made to the fund from the general funds of the city from the dates on which the city would have made the respective payments had the officer been a member of the system on the date on which the city makes such payments.

(b) Appointed employees. Each appointed employee shall be eligible to become a member of the system by exercising the option hereby given in the manner and within the time provided for in this subsection and not thereafter. An appointed employee desiring to become a member under this subsection shall deliver to the city director of finance officer, within 30 days of employment if hired before July 1, 2006, and 90 days if hired subsequent thereto, a statement signed by him or her reciting that he or she elects to become a member of the system. The election thus made shall be irrevocable. After electing to become a member, an appointed employee shall be subject to all burdens and entitled to all rights attached to membership in the system, including the subjection of the appointed employee to salary deductions and entitlement to contributions by the city on his or her behalf to the fund in accordance with this subpart, for salary deductions and contributions by the city to the pension fund on behalf of members of the system.

(c) Unclassified service. Each qualified employee of the city who was in the unclassified service prior to January 1, 1989, shall have been eligible to participate in the system provided such qualified employee elected in writing to so participate within 15 days of his or her first having become a qualified employee in the unclassified service; or each qualified employee of the city who is in the unclassified service or is newly hired or rehired on or after January 1, 1989, by the city as provided in subsection (d) shall be eligible to participate in the system.

(d) Unclassified service. Effective January 1, 1989, each newly hired or rehired employee of the city who is in the unclassified service and who is normally scheduled to work 16 days per month or more, shall be a participant in the system. Each such employee who was employed by the city on January 1, 1989, and immediately preceding such day, shall have had the option (1) to elect to continue to participate in any unclassified pension plan which was provided by the city, thereby permanently and irrevocably waiving any credit in this system under this provision; or (2) to have elected participation in this system not later than May 15, 1989. Selection of option (2) gave such participant the right to purchase prior unclassified service as described in Section 45-37A-51.198.
Ala. Code § 45-39-82.15 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.15
Section 45-39-82.15 Use of Other Programs
Status: in_force

The district attorney, to the extent practicable, may utilize the services of an existing community corrections program established pursuant to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial diversion program. The district attorney may utilize the services of an existing drug court program established pursuant to Section 12-23A-4, so long as the district attorney determines it would serve the best interest of justice and the community.
Ala. Code § 45-26A-70.09 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-70.09
Section 45-26A-70.09 Appeal of Denial
Status: in_force

Any person having a request for a certificate of appropriateness denied by the historic preservation commission, or architectural review board as hereinafter provided, may appeal such denial to the Circuit Court of Elmore County.
Ala. Code § 45-8-240.02 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-240.02
Section 45-8-240.02 Deputies, Clerks, and Assistants
Status: in_force

Subject to the approval of the county commission and the provisions of the Civil Service Act, Section 45-8-120, et seq., as amended, the county revenue commissioner shall appoint and fix the duties of a sufficient number of deputies, clerks, and assistants to perform properly the duties of his or her office. The acts of the deputies shall have the same force and legal effect as if performed by the county revenue commissioner.
Ala. Code § 45-8A-22.108 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.108
Section 45-8A-22.108 Reasonable and Necessary Expenses
Status: in_force

The retirement board shall be authorized to pay out of the trust all benefits, expenses of administration, including the cost of advertising amendatory or supplementary legislation related to the plan, and other expenses arising hereunder, unless otherwise paid by the City of Anniston. Such expenses shall include expenses incident to the functioning of the retirement board, or any person or persons retained or appointed by any fiduciary incident to the exercise of their duties under the plan, including, but not limited to, fees of actuaries, accountants, attorneys, investment managers, and other specialists and their agents, and other costs of administering the plan. Until paid, the expenses shall constitute a liability of the trust.
Ala. Code § 45-2-81.43 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-81.43
Section 45-2-81.43 Admission into Program
Status: in_force

(a) Prior to being admitted to the Pre-Trial Intervention Program or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological test taken, and any other information concerning the offender which the district attorney feels has a bearing on the decision as to whether or not the offender should be admitted to the Pre-Trial Intervention Program.

(b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the Pre-Trial Intervention Program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart.
Ala. Code § 45-39-244.05 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-244.05
Section 45-39-244.05 Cost of Collection
Status: in_force

The State Department of Revenue shall charge Lauderdale County for collecting the county tax levied herein, an amount or percentage of total collections not to exceed 10 percent of the total amount of tax collected hereunder. Such charge for collecting the tax for the county may be deducted each month from the proceeds of the tax before certifying the amount thereof due the Florence/Lauderdale Tourism Board for that month.
Ala. Code § 45-28-121.10 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-121.10
Section 45-28-121.10 County Attorney to Render Legal Services
Status: in_force

In any matter requiring the services of any attorney, the personnel board may call upon the county attorney to render such legal services to the board as it may deem necessary or advisable.
Ala. Code § 45-49-171.69 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.69
Section 45-49-171.69 Issuance of Subpoenas
Status: in_force

While investigating a death hereunder, the county medical examiner or the Director of the Alabama Department of Forensic Sciences is authorized to issue subpoenas for the production of medical documents, radiographs, tis- sues, or fluids as may be required by the investigation.
Ala. Code § 45-28A-42.20 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.20
Section 45-28A-42.20 Application to Members
Status: in_force

Every member of the police department and every member of the fire departments in all cities coming within the provisions of this subpart, who was such member on September 4, 1951, shall retain his or her position without examination, and be subject to all the conditions and benefits of this subpart.
Ala. Code § 45-55-111.02 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-111.02
Section 45-55-111.02 Establishment of Voting Centers — District 1, Precinct 3; District 3, Precinct 7
Status: in_force

There is established a new voting center in Pike County to serve the voters of District 1, Precinct 3 and District 3, Precinct 7. The new voting center shall be located at Saco Volunteer Fire Department, 10790 Alabama Highway 223, Troy, Alabama 36081.
Ala. Code § 45-29-72.01 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-72.01
Section 45-29-72.01 Private Property
Status: in_force

(a) The Fayette County Commission is hereby authorized and empowered, within Fayette County, to go upon private property and perform work or services for churches or individuals, and to sell materials to churches, schools, individuals, and nonprofit associations or corporations.

(b) It is the intent of this section to make available to the citizens of Fayette County services only when such services are not reasonably available to them at a reasonable cost from private enterprise. Upon the enactment of this section and during the month of January each year thereafter, the county commission shall investigate the availability of work, services, and material from private enterprise in the various areas of Fayette County and shall enter upon the minutes of the county commission the results of such investigation. The county commission shall thereafter adopt a written policy governing the doing of such work or services and the sale of such material. The policy shall include a description of the work and services which shall be performed and the materials to be sold and a limitation upon the areas in which such work or services shall be performed and in which materials shall be sold to those areas in which such work, services, or materials are not reasonably available at a reasonable cost from private enterprise. The policy shall include a provision that such work, services, or materials are available to all citizens of Fayette County where such work, services, or materials are not reasonably available from private enterprise at a reasonable cost. The written policy adopted by the county commission shall be published annually in a newspaper of general circulation in Fayette County in the type normally used for news stories.

(c) No work may be done by the Fayette County Commission upon private property unless the county commission has no present need for the use for public county purposes of the personnel and equipment necessary to perform such work and unless the county commission is justly compensated for work or services performed and for the materials used or sold. In determining just compensation for work or services performed and for materials used or sold, all indirect costs including, but not limited to, overhead, management, and depreciation shall be included.

(d) Before any work or services are performed on private property or material is sold to churches, schools, individuals, or nonprofit associations or corporations, a written contract shall be signed by the party for whom the work or services are to be performed or to whom the material is to be sold stating the work to be done or material sold, the amount to be paid for such work or services or materials, or the rate by which the amount to be paid for such work, services, or materials will be computed. The work or services performed shall be paid for at the time it is completed and any material delivered shall be paid for at the time the material is delivered. The name of each church, school, individual, or nonprofit association or corporation for whom work or services are performed or to whom material is delivered shall be entered upon the permanent minutes of the Fayette County Commission at its next regular meeting following the completion of the work or the delivery of the material, along with a description of the work performed or material delivered and a statement of the price paid to the county for the work performed or material sold.
Ala. Code § 45-45-162.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-162.01
Section 45-45-162.01 Judge of Probate and Tax Collector
Status: in_force

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

(b) It shall be the duty of the judge of probate to insure that his or her employees exercise due care in performing their duties and to make a diligent effort to correct the error, mistake, or omission and collect the amount subject to potential loss immediately upon becoming aware of the potential loss. This section shall not apply to any deliberate misuse or misappropriation of funds by the official or any clerk or employee of his or her office.
Ala. Code § 45-49A-10.03 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-10.03
Section 45-49A-10.03 Board of Directors
Status: in_force

All powers of the corporation shall be exercised by the board of directors or pursuant to its authority. The directors shall be elected by the governing body of the City of Bayou La Batre for staggered terms of office as follows: Two years for the first appointee; three years for the second appointee; four years for the third appointee; five years for the fourth appointee; six years for the fifth appointee; and thereafter the term of office of each director shall be six years. If any director resigns or dies or becomes incapable of acting as a director or ceases to reside in the city or is otherwise disqualified to act, the governing body of the City of Bayou La Batre shall elect a successor to serve for the unexpired term. Directors shall be eligible for reelection to succeed themselves in office. A majority of the members of the board shall constitute a quorum for the transaction of business. The corporation shall have a president, vice president, a secretary, and a treasurer, but the office of secretary and treasurer may be held by the same person. All officers shall be elected by the board and shall be members of the board. The members of the board and the officers shall serve without compensation, except that they may be reimbursed for actual expenses incurred in the performance of their duties. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings when certified by the secretary of the corporation shall be received in all courts as evidence of the matters and things therein certified. The corporation shall make to the governing body of the City of Bayou La Batre an annual written report of its activities and of its plans for the future which report shall include a financial operating statement and balance sheet prepared by the Department of Examiners of Public Accounts for the State of Alabama or by a certified public accountant.
Ala. Code § 45-28-90 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-90
Section 45-28-90 Creation; Composition; Dispersement of Funds; Compensation
Status: in_force

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

(b) There is created the Etowah County Community Development Committee which shall have all authority as to the expenditure of the funds received for community development in this county from the one cent ($.01) sales tax which is provided by Section 45-28-244.01.

(c) The committee shall be composed of five members, four of whom shall be appointed by the county legislative delegation, and the fifth member who shall not have voting privileges shall be the Etowah County Administrator. Each member of the committee shall serve for four years and vacancies on the committee shall be filled by the appointing authority. The committee shall be appointed within 90 days after June 20, 1995. The first meeting of the committee shall be set by the Etowah County Administrator. Thereafter, the committee may meet as provided in its bylaws.

(d) The committee shall not spend any funds received from the sales tax to pay any compensation to the members of the committee. The county commission shall provide secretarial assistance for the committee and pay the costs of the secretarial assistance.
Ala. Code § 45-45-81.04 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-81.04
Section 45-45-81.04 Court Administrator
Status: in_force

(a) The office of Court Administrator of the Twenty-third Judicial Circuit of Alabama is redefined as provided in this section. On May 10, 2012, but not less than five days thereafter, the presiding circuit judge of the Twenty-third Judicial Circuit shall nominate for appointment, subject to the approval of a majority vote of the circuit and district judges of the Twenty-third Judicial Circuit, a court administrator, who shall be a confidential employee of this state, subject to laws and rules of the Unified Judicial System of Alabama, and shall be supervised by the presiding circuit judge of the circuit. The court administrator and each confidential employee of the office of court administrator shall be compensated under the Unified Judicial System. The duties and responsibilities of the court administrator include, but are not limited to, all of the following:

(1) The court administrator shall work with the judges of the Twenty-third Judicial Circuit and the circuit court clerk to compile, obtain, and digest information concerning the administration of justice in the Twenty-third Judicial Circuit.

(2) The court administrator shall apply for and receive any grants or other assistance and coordinate and conduct studies and projects in connection with the improvement of the administration of justice in the Twenty-third Judicial Circuit.

(3) The court administrator shall carry on or assist in programs designed to aid the continuing legal and judicial education of judges, clerks, and other court personnel.

(4) The court administrator shall prepare and administer certain financial information necessary for accounting and procurement.

(5) The court administrator shall assist the judges in the Twenty-third Judicial Circuit in gathering information needed in the management of any pretrial release program in operation in Madison County.

(6) The court administrator shall manage the jury system.

(7) The court administrator shall prepare and submit to the court, at least annually, a report of the activities and the state of business of the court. This document shall be published by the court and shall include a description of innovations and modifications introduced to improve the court.

(b) Immediately upon the appointment of the court administrator, the court administrator may select three administrative, clerical, or other support personnel to serve in the court administrator’s office of the Twenty-third Judicial Circuit. All support personnel in the office of the court administrator shall serve as confidential employees pursuant to the laws and rules of the Unified Judicial System.

(c) All personnel of the office of Court Administrator of the Twenty-third Judicial Circuit, including the court administrator, shall be protected pursuant to the Madison County Preservation of Justice Act.

(d) The purposes of this section are to effect efficiency and economy in the operation of the courts of the Twenty-third Judicial Circuit of Alabama.

(e) Upon the appointment of a court administrator pursuant to subsection (a), the position of court administrator as provided before May 10, 2012, is abolished.
Ala. Code § 45-39-201 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-201
Section 45-39-201 Voiding of License When Payment Noncollectible
Status: reserved

(a) This section shall apply to Lauderdale County.

(b) In cases where a personal check given for a license is found to be noncollectible for any reason, the county license commissioner shall make a reasonable attempt to retrieve the license in question. In the event that the license cannot be retrieved, the license commissioner shall so state and that statement shall constitute authorization to void any license in question. Once the license has been voided, the license commissioner shall receive credit for the cost of the license plus the issuance fee. The appropriate state office shall mark the records pertaining to the void license and, upon inquiry by law enforcement agencies, shall notify the agencies that the party in question is operating under a void license. All violations shall be prosecuted in accordance with current law.

(c) The provisions of this section are supplemental. It shall be construed in pari materia with other laws relating to such matters; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 45-2-244.008 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.008
Section 45-2-244.008 Violation - Duty to Affix Stamps
Status: in_force

(a) It shall be unlawful for any person to offer for sale either at wholesale or retail in Baldwin County, Alabama, any cigarettes on which the stamp as herein provided does not appear and the possession of cigarettes in Baldwin County, Alabama, by a seller in any retail establishment without the proper stamp thereon shall be prima facie evidence of violation of this by the retail seller.

(b) It shall be the duty and responsibility of all wholesalers and jobbers selling or distributing cigarettes in Baldwin County, Alabama, to see that the proper stamp is placed on the cigarettes packages before leaving them in a retail establishment, and it shall be the responsibility of all retail sellers of cigarettes in Baldwin County, Alabama, to have the proper stamp on all cigarette packages in their place of business which are offered for sale to the general public and failure to comply with this provision by wholesalers, jobbers, or retail sellers shall be a violation of this subpart.
Ala. Code § 45-24-10 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-10
Section 45-24-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Dallas County local laws enacted after 1978 and all Dallas 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 § 45-26-246 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-246
Section 45-26-246 Levy of Tax
Status: reserved

Repealed by Act 2023-87, effective May 2, 2023.

In addition to all other taxes imposed by law, the Elmore County Commission may levy a privilege or license tax in the amount prescribed in this section against every person within the county engaging in the business of renting or furnishing a room or rooms, lodging, or accommodations, to a transient in a hotel, motel, inn, condominium, house, tourist court, or another place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The amount of the tax shall be equal to a percent of the charge for the rooms, lodgings, or accommodations, including the charge for use of rental or personal property and services furnished in the room or rooms within Elmore County equal to a percent in the corporate limits of each municipality levying a lodging tax and a percent in the remainder of the county outside of the corporate limits of any municipality levying a lodging tax so that the total lodging tax levied in each municipality levying a lodging tax on January 1, 2020, and in the remainder of the county outside of the corporate limits of any municipality levying a lodging tax is equal to 15.5 percent, based on the lodging tax levied by any municipality on January 1, 2020, except in any municipality levying a lodging tax on January 1, 2020, equal to or exceeding 15.5 percent, no additional lodging tax shall be levied. In any municipality where the municipality levies both a lodging tax and a cooperative district assessment fee for lodging, the lodging tax and the cooperative district assessment fee on lodging at any lodging establishment shall be added together and the total tax and fees on lodging at the establishments shall not exceed the 15.5 percent considering the combined lodging tax and cooperative district assessment fee that was in effect as of January 1, 2020. In the event that a lodging tax and a cooperative district assessment fee on lodging is required to be added together, the county shall receive a minimum of two percent of the lodging tax levied by this part prior to distribution to a municipality as provided in this part. In addition, the Elmore County Commission may levy an additional room fee on the rental of a room subject to the lodging tax in the amount of two dollars ($2) in order to equalize the room fee in Elmore County with the present rate in the City of Prattville in Autauga County.
Ala. Code § 45-52-150.07 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-150.07
Section 45-52-150.07 Bingo Games - Filing of Records; Inspection; Examination or Audit
Status: in_force

(a) On or before April 15, after December 5, 1997, and on or before April 15 of each calendar year thereafter, each permit holder shall file with the respective city clerk a copy of the records required in Section 45-52-150.06 relating to the operation of bingo sessions in the previous calendar year.

(b) The records required to be kept pursuant to Section 45-52-150.06 by the permit holder for the preceding one year shall be open to inspection by the sheriff, municipal officials, any law enforcement agency, or the duly authorized representatives of either during reasonable business hours.

(c) The location at which bingo is being conducted, or at which an applicant or permit holder intends to conduct bingo, shall be open to inspection during regular business hours by the sheriff, municipal officials, or any law enforcement agency.
Ala. Code § 45-22-100.02 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-100.02
Section 45-22-100.02 Superintendent of County Schools
Status: reserved

Repealed by Act 2013-439, 2, effective May 24, 2013.
Ala. Code § 45-25-250.09 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-250.09
Section 45-25-250.09 Rights-of-Way
Status: in_force

The authority is 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; 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.
Ala. Code § 45-12A-50 — Alabama Code / Title 45 / Chapter 12A / Section 45-12A-50
Section 45-12A-50 Water Works Board Appointments
Status: in_force

In addition to any authority granted in any state or local act pertaining to the Water Works Board of the Town of Pennington in Choctaw County, the members on the board may reside in any area served by the Pennington Water Works Board, whether it be within or without the city limits of the Town of Pennington, and in addition, the members may be appointed, regardless of their place of residence, who are members of any water authority that purchases water from the Water Works Board of the Town of Pennington.
Ala. Code § 45-49-40.05 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.05
Section 45-49-40.05 Barber Qualifications
Status: in_force

Any person having made application for a barber license shall be qualified to receive such license to practice as a barber provided he or she satisfies all of the following:

(1) Is qualified under Section 45-49-40.04.

(2) Has practiced as an apprentice barber for a period of 18 months on a full-time basis under the immediate personal supervision of a licensed barber.

(3) Has passed a satisfactory examination conducted by the board to determine his or her fitness to practice barbering.

(4) Has paid the required fee specified in this part.
Ala. Code § 45-41-83.09 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-83.09
Section 45-41-83.09 Effect on Duties of Juvenile or Adult Probation Officers
Status: in_force

Regardless of the authority granted to the board, the program shall not interfere with, abrogate, or change in any manner the duties and responsibilities of juvenile or adult probation officers.
Ala. Code § 45-55-81.21 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.21
Section 45-55-81.21 Salary
Status: in_force

Beginning with the next term of office, the Judge of Probate of Pike County shall receive an annual salary of sixty-five thousand dollars ($65,000), payable in the manner prescribed by the county commission. The salary shall be payable from the county general fund.
Ala. Code § 45-22-230 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-230
Section 45-22-230 Deputy Sheriffs
Status: in_force

(a) Effective August 3, 1995, the Sheriff of Cullman County shall receive an additional compensation of fifteen thousand dollars ($15,000) per annum. The compensation shall be in addition to all other compensation, expense allowances, or benefits received.

(b) The salary increase provided in this section shall be inoperative if the sheriff receives an additional salary increase pursuant to general law effective upon the beginning of the next term of office which is equal to or greater than the amount provided by this section.
Ala. Code § 45-2-40.06 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-40.06
Section 45-2-40.06 Massages Administered Only at Regular, Licensed Place of Business
Status: in_force

No massage shall be administered or applied by any licensee hereunder or any employee, operator, or attendant while working for such licensee, except in or upon the premises or regular place of business of the licensee where the license is regularly displayed and at the place and location designated for the operation of the massage parlor in the license.
Ala. Code § 45-20A-10 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-10
Section 45-20A-10 Board of Education - Creation; Composition
Status: in_force

An elected board of education for the City of Andalusia is established. The board shall be called the Andalusia City Board of Education. Except as otherwise provided for the initial board pursuant to subsection (b) of Section 45-20A-10.03, the board shall be composed of five members, with one member being elected from each of the five city council districts by a majority of the qualified electors voting who reside in the district.
Ala. Code § 45-7-130 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-130
Section 45-7-130 Policies and Priorities Set by County Commission
Status: in_force

The Butler 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 Butler County, Alabama, to provide the people of Butler County with a safe and adequate road system.
Ala. Code § 45-42-122.04 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-122.04
Section 45-42-122.04 Adoption of Rules, Regulations, and Procedures
Status: in_force

The board shall adopt and have printed such rules, regulations, and procedures as it may deem proper and in accordance with this part. The rules and regulations and all amendments thereafter adopted shall be kept on file in the commission office and open for public inspection.
Ala. Code § 45-36-252.01 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-252.01
Section 45-36-252.01 Legislative Intent
Status: in_force

This part is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the state and of the county with full and adequate powers to fulfill its functions. It is the further legislative intent that the Jackson County Water Authority develop a master plan of operation for the water authority in consultation with all existing water authorities in and adjoining Jackson County and any county or local governments for the purpose of determining the method by which public water services, garbage disposal, and sewer service can be provided to the citizens of the county or area served by the authority.
Ala. Code § 45-45-60 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-60
Section 45-45-60 Compensation
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-405 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 45-56-242.56 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.56
Section 45-56-242.56 Charge for Collection of Tax
Status: in_force

The department or other entity shall charge Randolph County for collecting any tax authorized under this subpart in an amount or percentage of total collections as may be agreed upon by the commissioner or the entity and the Randolph County Commission. The charge shall not exceed five percent of the total amount of the tax collected in the county or an amount as otherwise provided in the contract. The charge may be deducted each month from the gross revenues from the tax before certification of the amount of the proceeds due Randolph County for that month. The Commissioner of Revenue or other entity shall pay into the State Treasury all amounts collected under the authority of this subpart, as received by the department or entity on or before the first day of each successive month. The commissioner or entity shall certify to the Comptroller the amount collected and paid into the State Treasury or otherwise for the benefit of Randolph County during the month immediately preceding the certification. The Comptroller shall issue a warrant each month payable to or the entity shall remit monthly or as otherwise agreed upon to the county Treasurer of Randolph County in an amount equal to the certified amount which shall be paid into the county general fund to be used for the construction, operation, and for maintaining a new jail.
Ala. Code § 45-37-84 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-84
Section 45-37-84 Salary for Deputy Judge of Probate
Status: in_force

In Jefferson County, the Deputy Judge of Probate for the Bessemer Division of the Probate Court shall receive a salary of fifty thousand two hundred twenty dollars ($50,220) per annum. The salary shall be paid out of the county treasury in equal monthly installments or equal biweekly installments.
Ala. Code § 45-37-242.20 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-242.20
Section 45-37-242.20 Definitions
Status: in_force

For purposes hereof:

(1) 2021 SCHOOL TAX YEAR means the school tax year ending on September 30, 2021.

(2) ALABAMA CONSTITUTION means the Constitution of Alabama of 2022.

(3) FAVORABLE MAJORITY VOTE means the approval of the adjustment of the existing rate of the subject school district tax of 5.1 mills in Sub-District G-1 by 8.8 mills to the uniform adjusted rate of 13.9 mills in Sub-District G-1 by a majority of the qualified electors of Sub-District G-1 who vote at a special election to be held in Sub-District G-1 therefor pursuant to the laws governing special elections.

(4)JEFFERSON COUNTY SCHOOL TAX DISTRICT means and includes all of Jefferson County outside that part of Jefferson County located within the corporate limits of the cities of Bessemer, Birmingham, Fairfield, Homewood, Hoover, Leeds, Midfield, Mountain Brook, Tarrant City, Trussville, and Vestavia Hills.

(5)PROPOSAL OF TAXING AUTHORITY means the proposal of the Jefferson County Commission, as governing body of Jefferson County, and as the taxing authority with respect to the subject school district tax, by resolution and order adopted upon request of the County Board of Education of Jefferson County for purposes of Section 217(f) of the Alabama Constitution, that the existing rate of the subject school district tax of 5.1 mills be adjusted by 8.8 mills to the uniform adjusted rate of 13.9 mills in Sub-District G-1, to preserve, renew and continue in effect the total existing rate of ad valorem school district taxation therein after the 2021 school tax year, by proceedings in compliance with Section 217(f).

(6) SCHOOL TAX YEAR means the period beginning on an October 1 and ending on the next succeeding September 30, or other period of 12 consecutive months as shall be established for ad valorem school taxation in this state.

(7) SUB-DISTRICT G-1 means the area within both the Jefferson County school tax district and the corporate limits of the City of Gardendale, as at any time in effect.

(8) SUBJECT SCHOOL DISTRICT TAX means the existing ad valorem school district tax of 5.1 mills levied in the Jefferson County school tax district (including Sub-District G-1) pursuant to Section 269.02 of the Alabama Constitution (Recompiled) for public school purposes.
Ala. Code § 45-49-171.64 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.64
Section 45-49-171.64 Authority of Medical Examiner in Death Investigations
Status: in_force

While investigating a death hereunder, the County Medical Examiner of Mobile County shall be authorized to take charge of the dead body, and he, she, or a law enforcement officer having jurisdiction, or the medical examiner’s legal designee, may take possession and examine or have examined related physical evidence on or about the body at the scene as may be useful in establishing identity of the deceased or the cause, manner, and circumstances of death, or both. The county medical examiner shall examine the body and take, retain, and examine or have examined whatever tissues, biological fluids, or other evidence from the body he or she deems necessary to determine the cause, manner, and circumstances of death and the identity of the deceased.
Ala. Code § 45-7-82.22 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82.22
Section 45-7-82.22 Applicants for Admittance
Status: in_force

(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Second Judicial Circuit of Alabama may apply to the district attorney for admittance to the pretrial diversion program.

(b) A person charged with any of the following offenses may apply for admission into the program:

(1) A traffic offense.

(2) A property offense.

(3) An offense wherein the victim did not receive serious physical injury.

(4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer.

(5) A misdemeanor, unless specifically excluded in this section.

(6) A violation classified under this code.

(c) The following offenses are ineligible for consideration for the pretrial diversion program:

(1) Trafficking, distribution, or manufacturing of drugs.

(2) Any offense involving the abuse of a child or an elderly person.

(3) Any sex offense.

(4) Any Class A felony.

(5) Any offense involving serious injury to a person.

(6) Any offense involving death of an individual.

(7) An offense for the operation of a vehicle for which a commercial driver license was required.
Ala. Code § 45-2-61.05 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-61.05
Section 45-2-61.05 County Coroner or State Medical Examiner May Take Charge of Bodies
Status: in_force

While conducting a coroner’s investigation of a death hereunder, the Baldwin County Coroner or state medical examiner shall be authorized to take charge of the dead body, and he or she or a law enforcement officer having jurisdiction may take possession and examine or have examined related physical evidence on or about the body at the scene as may be useful in establishing identity of the deceased or the cause, manner, and circumstances of death. The Baldwin County Coroner is authorized to take or order the taking of certain tissues and fluids under Section 22-19-80. When a state medical examiner takes charge of a body, he or she is authorized to take, retain, and examine or have examined whatever tissues, biological fluids, or other evidence from the body he or she deems necessary to determine the cause, manner, and circumstances of death and the identity of the deceased.
Ala. Code § 45-14-241 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-241
Section 45-14-241 Levy of Tax; Clay County Hospital and Nursing Home
Status: in_force

In Clay County, in addition to any and all other taxes heretofore levied, the county commission is hereby authorized to levy and impose an additional ad valorem tax in the amount of four mills on each dollar of taxable property. The tax shall be earmarked to the county general fund to be used for the Clay County Hospital and Nursing Home. The additional ad valorem tax imposed by this section shall be collected at the same time and in the same manner as existing ad valorem taxes are collected.
Ala. Code § 45-10-231.22 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-231.22
Section 45-10-231.22 Cherokee County Work Release Board
Status: in_force

The Cherokee County Work Release Board is established to develop, promulgate, and adopt rules for the operation and maintenance of the Cherokee County Work Release Program established by this subpart. The rules shall include, but are not limited to, the eligibility requirements of inmates who may be considered for the program.
Ala. Code § 45-35A-51.29 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.29
Section 45-35A-51.29 Use of Facilities
Status: in_force

The officials of the city are hereby required to furnish the personnel department necessary facilities in city hall for the conduct of its business, provided for under this part, to include office space, office equipment, and supplies.
Ala. Code § 45-6-242.40 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-242.40
Section 45-6-242.40 Collection of Special County Taxes
Status: in_force

Any special county privilege license tax or taxes authorized in Bullock County under the provisions of Amendment No. 128 to the Constitution of Alabama of 1901, shall be collected by the State Revenue Department. The State Revenue Department is authorized to charge Bullock County for collecting the tax its actual costs, not to exceed five percent of the amount collected and the tax shall be collected in the same manner as other local taxes are collected by the State Revenue Department.
Ala. Code § 45-32-150.07 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-150.07
Section 45-32-150.07 Racing Days - Sunday Excluded; Minimum Age for Employment or Attendance
Status: in_force

No race or racing shall be permitted on Sunday. No person under 18 years of age shall be employed in any manner about the race track except as exercise boys and grooms; nor shall persons under 18 years of age be permitted to attend any race.
Ala. Code § 45-2-243.30 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.30
Section 45-2-243.30 Disposition of Funds
Status: in_force

The Department of Revenue shall charge and deduct from the proceeds of the tax levied, an amount equal to the cost to the department of making the collections and the charge shall not exceed five percent of the total amount of tax collected. Following that deduction, the department shall pay the remainder of the tax proceeds to the bureau.
Ala. Code § 45-45-174 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-174
Section 45-45-174 Noise Control
Status: in_force

(a) In Madison County, the Madison County Commission may enact a noise ordinance for the areas outside of the corporate limits of any municipality and may provide that a violation of the ordinance constitutes a public nuisance subject to a civil fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation of the ordinance. The ordinance may provide that the person charged with a violation may pay a civil fine or request, within 30 days of receipt of the citation, a due process hearing before the Madison County Commission or a hearing officer designated by the Madison County Commission on the validity of the citation. An order of the Madison County Commission finding a violation and an assessment of a civil fine shall be final within 30 days thereof unless appealed to the Circuit Court in Madison County based on the administrative record of the hearing. Any fine due and owing shall be considered a debt owed to the Madison County Commission and shall be enforceable by civil action in the same manner as any other debt. The person owing the fine shall be liable for all costs, including court costs and attorney fees, and all other expenses of litigation if action is taken to collect the fine owed.

(b) The Madison County Commission may commence a civil action in the name of the Madison County Commission in the Circuit Court of Madison County, Alabama, to abate or enjoin any public nuisance declared pursuant to this part. In any action, the Circuit Court of Madison County may assess all costs of abating the public nuisance declared by this part, including attorney’s fees, court costs, and all other expenses of litigation against the person creating or maintaining the public nuisance.

(c) This part shall not allow for the enactment of ordinances regulating or restricting any state or federally permitted surface or underground mining activity or any operation or facility engaged in the activities of processing or distributing any product or material resulting from the mining activity. This part shall not allow for the enactment of ordinances regulating or restricting noise made by trains or locomotives which are conducting normal train movements and operations.
Ala. Code § 45-49-161.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-161.03
Section 45-49-161.03 Abolition of Office; Transfer of Duties
Status: in_force

(a) Upon the expiration of the current term of office of the Mobile County Treasurer, or if a vacancy occurs for any reason in the office prior to the expiration of the current term of office, the office of the Mobile County Treasurer is abolished.

(b) Upon the abolition of the office of Mobile County Treasurer, the Mobile County Commission shall perform all acts, duties, and functions required by law to be performed by the treasurer. All records, assets, and property held in the name of the county treasurer shall be transferred to the Mobile County Commission and all merit employees of the Mobile County Treasurer shall become employees of the Mobile County Commission.

(c) All county depositories appointed as of the date of abolition of the office of Mobile County Treasurer shall continue to serve as county depositories until such time as the Mobile County Commission, by resolution, shall remove any depository.

(d) It is the purpose of this section to preserve revenue and promote public convenience in Mobile County by abolishing the office of Mobile County Treasurer and consolidating the functions of the office into the existing offices of the Mobile County Commission.

(e) Upon the abolition of the office of Mobile County Treasurer, the Mobile County Commission shall commission an audit of the accounts of the Mobile County Treasurer. The Mobile County Commission shall not assume any liability for errors or omissions attributable to the acts or omissions of the Mobile County Treasurer.
Ala. Code § 45-22-190 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-190
Section 45-22-190 Cullman County Legislative Delegation Fund
Status: in_force

(a) The Cullman County Commission shall create the Cullman County Legislative Delegation Fund.

(b) The fund shall be comprised of the following monies received by the county:

(1) The additional three percent of TVA in-lieu-of-taxes payments received pursuant to Section 40-28-2.

(2) The proceeds collected pursuant to Section 35-8B-5.

(3) Any other monies provided for by law.

(c) The commission shall immediately pay amounts from the fund as the Cullman County Legislative Delegation may request.

(d) The legislative delegation shall expend the monies on allowable public purposes at the discretion and direction of the legislative delegation , based on the proportion of the population each member of the delegation represents in the county .

(e) All decisions concerning the fund shall be made by resolutions adopted by the members of the Cullman County Legislative Delegation.

(f) Any monies allocated but not spent at the end of the fiscal year shall not be applied for any other purpose, but shall be carried forward and shall remain available year to year for expenditure as provided in this section.

(g) The revenue and expenditures of the legislative delegation office shall be audited on an annual basis.
Ala. Code § 45-26A-70.04 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-70.04
Section 45-26A-70.04 Powers and Duties
Status: in_force

The commission created by an ordinance enacted pursuant to this article shall be authorized to:

(1) Preserve and protect buildings, structures, and sites of historic and architectural value in the historic districts designated pursuant to that ordinance.

(2) Prepare a survey of all property within the territorial jurisdiction of Wetumpka.

(3) Recommend to Wetumpka buildings, structures, sites, and districts for designation as historic properties of districts.

(4) Restore and preserve any historic properties acquired by Wetumpka or acquired by the commission.

(5) Promote acquisition of facade and conservation easements by Wetumpka or by the commission.

(6) Develop and conduct educational programs on historic projects and districts designated pursuant to the ordinance and on historic preservation subjects.

(7) Make such investigations and studies of matters relating to historic preservation as Wetumpka or the commission deems necessary and appropriate for the purposes of this article.

(8) Apply for funds to carry out the purposes and responsibilities of the commission from municipal, county, state, federal, and private agencies and sources.

(9) Purchase, sell, contract to purchase, contract to sell, own, encumber, lease, mortgage, and insure real and personal property in carrying out the purposes and responsibilities of the commission.

(10) Investigate, survey, and process nominations of properties to the National Register of Historic Places.

(11) Investigate, survey, and process applications for certification of historic properties for tax credits for preservation expenditures.

(12) Contract with other municipal, county, state, federal, and private agencies and organizations to perform historic preservation related functions.

(13) Exercise such further powers as the commission may deem reasonably necessary and proper to carry out the purposes, responsibilities, and powers of the commission.
Ala. Code § 45-37-123.26 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.26
Section 45-37-123.26 Payment of Expenses
Status: in_force

Subject to Section 45-37-123.194, all payment of benefits, expenses of administration, and any other expenses arising hereunder, may be paid by the pension board out of the trust fund, unless otherwise paid by the county or from the general assets of the system as a legal entity separate and distinct from the plan and its trust. Such expenses shall include any expenses incident to the functioning of the pension board, or any individual retained or appointed by any fiduciary incident to the exercise of their duties under the plan including, but not limited to, fees of accountants, counsel, investment managers, and other specialists and their agents, and other costs of administering the plan. Until paid, the expenses shall constitute a liability of the system.
Ala. Code § 45-49-242.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-242.04
Section 45-49-242.04 Qualified Parading Mardi Gras Societies
Status: in_force

(a) All property owned by qualified parading Mardi Gras societies and used exclusively for the purpose of storing Mardi Gras parade floats, equipment, related accessories, and records, or used exclusively for other Mardi Gras related purposes, is hereby exempted from all county, local, and municipal ad valorem taxation. This exemption shall apply to all taxes due and payable for the tax year beginning October 1, 1985, and each tax year subsequent thereto

(b) For the purposes of this section the following definitions shall apply:

(1) MARDI GRAS PARADE. Any parade conducted by a member of Mobile Mardi Gras parading organizations during the period beginning on the thirtieth day before Mardi Gras Day and ending on Mardi Gras Day.

(2) QUALIFIED PARADING MARDI GRAS SOCIETY. Any organization which is a member of Mobile Mardi Gras parading organizations and which has conducted a Mardi Gras parade during the year for which an exemption is claimed.
Ala. Code § 45-37A-331.41 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.41
Section 45-37A-331.41 Violations of State Statutes
Status: in_force

No civil penalty may be imposed and no adjudication of liability for a civil violation may be made under this subpart if the operator of the vehicle was arrested or was issued a citation and notice to appear by a sworn police officer for a criminal violation of any portion of Title 32, Chapter 5A, Article 8, including, but not limited to, Sections 32-5A-170 to 32-5A-178, inclusive, 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 automated photographic speeding enforcement system.
Ala. Code § 45-47-244 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-244
Section 45-47-244 Authorization to Levy Tax; Collection; Disposition Of
Status: in_force

(a) The Marion County Commission is hereby authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law and to collect as herein provided, a privilege or license tax on the sale of any automotive vehicle, truck trailer, semitrailer, and house trailer required to be registered or licensed with the Marion County Judge of Probate and purchased other than at wholesale in the county from any person, firm, or corporation which is not a licensed dealer engaged in selling automotive vehicles, truck trailers, semitrailers, or house trailers an amount equal to one and one-half percent of the purchase price.

(b) The Marion County Commission is hereby authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law, and to collect as herein provided, an excise or use tax on the storage, use, or other consumption in the county of any automotive vehicle, truck trailer, semitrailer, or house trailer required to be registered or licensed with the Marion County Judge of Probate and purchased other than at wholesale outside the state for storage, use, or other consumption in Marion County, a tax in an amount equal to one and one-half percent of the purchase price.

(c) Where any used automotive vehicle, truck trailer, semitrailer, or house trailer is taken in trade or in a series of trades as a credit or part payment on the sale of a new or used automotive vehicle, truck trailer, semitrailer, or house trailer, the taxes authorized to be levied by this section shall be paid on the net difference, that is, the price of the new or used vehicle or trailer sold less the credit for the used vehicle or trailer taken in trade.

(d) The taxes authorized to be levied by this section shall be collected by the Marion County Tax Collector at the same time and in the same manner as the tax levied by Sections 40-23-101 and 40-23-102, and shall be subject to all the same definitions, exceptions, exemptions, proceedings, requirements, rules, regulations, provisions, penalties, fines, punishments, deductions, and discounts; provided, however, the tax collector shall not be entitled to receive additional compensation for collection of the tax authorized herein.

(e) The revenue collected by the tax collector pursuant to this section shall be deposited in a special fund of Marion County to be used for establishing and maintaining a Marion County water system.
Ala. Code § 45-34-80.40 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-80.40
Section 45-34-80.40 Case Action Summaries; Minute Books
Status: in_force

(a) That in the Twentieth Judicial Circuit of Alabama, all orders and decrees may be made and entered by circuit judges sitting in and for the circuit on a sheet or sheets now commonly called case action summaries and that there shall be a case action summary for each case docketed in such courts properly identified by the style of the case and a case number.

(b) That after all orders and judgments have been made and entered, in any case, by the circuit judge or judges sitting in and for such circuit, the clerk of the circuit court of such circuit shall file a copy of such sheets in numerical order in well bound books labeled minute books and such judgments or orders shall have the same force and effect as minutes of the circuit court of the circuit court prior to the passage and approval of this section.
Ala. Code § 45-9-245.01 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-245.01
Section 45-9-245.01 Definitions
Status: in_force

As used in this part, state sales and use tax means the tax imposed by the state sales and use tax statutes, including, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63.
Ala. Code § 45-37A-51.228 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.228
Section 45-37A-51.228 Survivor’s Benefits
Status: in_force

(a) Effective July 1, 2002, in the event of the death of a retiree or participant who, on the date of his or her death was eligible for voluntary retirement under Section 45-37A-51.220, there may be payable a monthly survivor’s benefit equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was entitled to receive prior to his or her death or which the participant would have been entitled to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her death; notwithstanding anything to the contrary, the survivor’s benefit may be increased pursuant to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60 percent of the retiree’s monthly benefit on May 1, 2006, such survivor’s benefits shall not be decreased.

(b)(1) Effective July 1, 2002, upon the death of any retiree or participant who at the time of his or her death was not eligible for voluntary retirement under Section 45-37A-51.220, but who prior to death had five or more years of creditable time, there may be payable at the option of the survivors and to the exclusion of any other death benefits provided for in this subpart or in any other pension system applicable to the city an optional survivor’s benefit according to the schedule of percentages hereinbelow set forth. For the purpose of this subsection, the optional survivor’s benefit shall be 60 percent of the applicable percentage of salary of the deceased retiree’s or participant’s final average salary, figured as of the date of death instead of the date of retirement, multiplied by his or her years of creditable time and multiplied by the percentage rate applicable to the decedent’s completed years of credited service as shown in the schedule of percentages as follows:

a. Prior to July 1, 2002, the percentage rate, effective to survivors, applicable to decedent’s completed years prior to July 1, 2002, credited service:

Credited service, 10 years = 50 percent; 11 years = 60 percent; 12 years = 70 percent; 13 years = 80 percent; 14 years = 90 percent; and 15 or more years = 100 percent. The surviving spouse and children of any firefighter or police officer who is a member of the Firemen’s and Policemen’s Supplemental Pension System applicable to the city and is employed by the city at the time of his or her death shall not be entitled to any benefit under this subsection.

b. The percentage rate, effective to survivors, applicable to decedent’s completed years after July 1, 2002, credited service:

Credited service, five years = 50 percent; six years = 60 percent; seven years = 70 percent; eight years = 80 percent; nine years = 90 percent; and 10 or more years = 100 percent. The surviving spouse and children of any firefighter or police officer who is a member of the Firemen’s and Policemen’s Supplemental Pension System applicable to the city and is employed by the city at the time of his or her death shall not be entitled to any benefit under this subsection.

c. Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2017, upon the death of any retiree or participant who at the time of his or her death was not eligible for voluntary retirement under Section 45-37A-51.220, but who prior to death had 10 or more years of creditable time, there may be payable at the option of the survivors and to the exclusion of any other death benefits provided for in this subpart or in any other pension system applicable to the city an optional survivor’s benefit according to the schedule of percentages hereinbelow set forth. For the purpose of this subsection, the optional survivor’s benefit shall be 60 percent of the applicable percentage of salary of the deceased retiree’s or participant’s final average salary, figured as of the date of death instead of the date of retirement, multiplied by his or her years of creditable time and multiplied by the percentage rate applicable to the decedent’s completed years of credited service as shown in the schedule of percentages as follows:

Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2017, the percentage rate, effective to survivors, applicable to those decedents is as follows:

Credited service, 10 years = 50 percent; 11 years = 60 percent; 12 years = 70 percent; 13 years = 80 percent; 14 years = 90 percent; and 15 or more years = 100 percent. The surviving spouse and children of any firefighter or police officer who is a member of the Firemen’s and Policemen’s Supplemental Pension System applicable to the city and is employed by the city at the time of his or her death shall not be entitled to any benefit under this subsection.

(2)a. The optional survivor’s benefit provided for under subdivision (1) may only accrue and be payable to the benefit of a survivor or survivors from the date on which the deceased retiree or participant would have attained age 60 had he or she lived, or from the date on which such person would have earned 20 years of creditable time had he or she lived and continued in the employment of the city, whichever date comes first. In order to obtain the benefit, a written request therefor shall be submitted by or on the behalf of an eligible survivor to the custodian of the fund within 180 days after date of the death of the retiree or participant. The written request may be made on behalf of surviving minor children as provided in Section 45-37A-51.229. Any eligible survivor failing to submit written request within the required time shall be barred from any right to claim or to receive the optional survivor’s benefit. Such failure to submit the written request on behalf of eligible surviving minor or minors by their legal guardian or custodian as provided in Section 45-37A-51.229 shall likewise bar such minor from claiming or receiving the optional survivor’s benefit.

b. Notwithstanding anything to the contrary contained in subsection (a), for all participants who first become participants on or after July 1, 2017, the optional survivor’s benefit provided for under subdivision (1) may only accrue and be payable to the benefit of a survivor or survivors from the date on which the deceased retiree or participant would have attained age 62 had he or she lived, or from the date on which such person would have earned 20 years of creditable time had he or she lived and continued in the employment of the city, whichever date comes first. In order to obtain the benefit, a written request shall be submitted by or on the behalf of an eligible survivor to the custodian of the fund within 180 days after date of the death of the retiree or participant. The written request may be made on behalf of surviving minor children as provided in Section 45-37A-51.229. Any eligible survivor failing to submit a written request within the required time shall be barred from any right to claim or to receive the optional survivor’s benefit. The failure to submit the written request on behalf of an eligible surviving minor or minors by their legal guardian or custodian as provided in Section 45-37A-51.229 shall likewise bar the minor from claiming or receiving the optional survivor’s benefit.

(3)a. Upon the submission of a written request for optional survivor’s benefit, as provided in subdivision (2), the contributions of the deceased paid into the fund shall remain therein, any provisions of other sections of this subpart to the contrary notwithstanding, regardless of whether any or all of the deceased’s eligible survivors die before receiving any payment of benefits. The surviving spouse may revoke any written request by giving written notice thereof to the custodian at any time prior to a benefit payment being made pursuant to such request and thereby the eligible survivor has made such request and a benefit payment has been made pursuant thereto none of the decedent’s contributions paid into the fund shall be withdrawn therefrom or paid to any survivor as a return of contributions or for any other purpose.

b. A survivor to whom a benefit payment has been made under this subsection shall not thereafter be entitled to any survivor’s benefit or death benefit under any other provisions of this or other pension systems applicable to the city and further, a survivor to whom a survivor’s benefit or death benefit payment has been made under any other provisions of this subpart or under any other pension system applicable to the city shall not thereafter be entitled to any benefits under this subsection.

(c) Notwithstanding anything to the contrary contained in this section, for all participants who first become participants on or after July 1, 2021, upon the retirement of any legally married participant, prior to payment of any retirement benefit and in accordance with procedures established by the city, the participant shall elect to either: a. Provide a monthly spousal survivor’s benefit upon the participant’s death; or b. receive an unreduced monthly retirement benefit.

(1) If a legally married participant elects to provide a spousal survivor’s benefit upon the participant’s death, then upon the participant’s death: a. The monthly spousal survivor’s benefit shall be equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was entitled to receive prior to his or her death or which the participant would have been entitled to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her death; and b. the monthly retirement benefit payable to the participant during his or her life shall be reduced to reflect the spousal survivor’s benefit on an actuarially equivalent basis pursuant to certain actuarial factors adopted by the board.

(2) If a legally married participant elects to receive an unreduced monthly retirement benefit, then upon the participant’s death, no monthly spousal survivor’s benefit will be payable, and the monthly retirement benefit payable to the participant during his or her life will not be reduced to reflect any spousal survivor’s benefit. To effect a participant’s election to receive an unreduced monthly retirement benefit, the participant’s spouse, at the time of the participant’s election, shall agree to the participant’s election and waive any spousal survivor’s benefits in accordance with procedures established by the city.

(d) Notwithstanding anything contained in this section, for all participants who first become participants prior to July 1, 2021, the minimum survivor’s benefit payable to the spouse of the deceased retiree shall be three hundred twenty dollars ($320) per month under the conditions provided in Section 45-37A-51.229.
Ala. Code § 45-30-233 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-233
Section 45-30-233 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

(a) Any individual employed by the Franklin County Sheriff’s Office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, his or her badge, a retired commission card, and a pistol, provided the pistol is furnished by the department.

(b) The provisions of this section are retroactive to January 1, 2001.
Ala. Code § 45-4-232 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-232
Section 45-4-232 Service of Witness Subpoenas by Mail
Status: in_force

In Bibb County, the sheriff shall execute every order from every court in Bibb County to subpoena witnesses as provided in Section 12-21-180, or the service may be made by first class mail as follows: It shall be the duty of the sheriff of the county to enclose the subpoenas in an envelope addressed to the person to be served and place all necessary postage and a return address thereon. In the event the witness subpoena is returned to the sheriff by the post office department of the United States without delivery, the subpoena shall be by the sheriff returned NOT FOUND. All witness subpoenas not returned to the sheriff by the post office department shall be considered for all purposes as sufficient personal and legal service. It is specifically provided, however, that, if the party calling a witness expressly requests in writing that the subpoena be delivered to such witness personally by the sheriff or one of his or her deputies in person, such witness shall be so served. The provisions of this section in reference to service by mail shall not apply, however, to witness subpoenas returnable before the court instanter. Such subpoenas shall be served only a provided in Section 12-21-180.
Ala. Code § 45-39-120 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-120
Section 45-39-120 Personnel System
Status: in_force

(a) It is the purpose of this section to create and establish a countywide personnel system in Lauderdale County for all elected county officials, except the Sheriff of Lauderdale County. The countywide personnel system shall include equity, fairness, and compliance with all applicable state and federal laws. The establishment of the personnel system is not intended, in any way, to create a property interest, but simply a fair and equitable personnel system.

(b) All personnel activities required to create and administer the personnel system authorized by this section shall be based upon rules, policies, and procedures duly adopted by the Lauderdale County Commission. The personnel system established shall apply to all employees, including elected officials, except for the Sheriff of Lauderdale County. The county commission shall have the authority to develop, adopt, and administer rules, policies, procedures, and other documents as may be necessary to implement the intent of this section. The county commission may employ the personnel it deems necessary to assist in the administration of the county personnel system.
Ala. Code § 45-46-84.24 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-84.24
Section 45-46-84.24 Payment of Tax Prerequisite to Issuance or Transfer of License; Certificate of Assessment
Status: in_force

To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for assessment and collection of taxes due on same, no licenses shall be issued to operate motor vehicles on the public highways of this state, nor shall any transfer be made by the judge of probate until the ad valorem tax on such vehicles shall have been paid to the county for the preceding year as evidenced by receipts from the judge. Every person, firm, or corporation driving or owning a motor vehicle who desires to operate a motor vehicle on the public highways of Alabama shall first return such motor vehicle for ad valorem taxation purposes to the judge of probate who shall issue a certificate of assessment on a form prescribed by the State Department of Revenue, shall collect the taxes shown thereon, and shall make a duplicate of the tax receipt and keep same on file in his or her office. The license tag shall be evidence of the payment of the license and ad valorem tax due as provided under this subpart.
Ala. Code § 45-48-70.55 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.55
Section 45-48-70.55 Final Budget
Status: in_force

(a) Within a reasonable time after the invitation for questions and comments on the tentative budget as provided for in Section 45-48-70.54, but before September 30, the commission shall adopt and approve a final budget for the ensuing fiscal year which budget may not thereafter be amended or revised except by a majority vote of the entire commission. The budget may not provide for a deficit.

(b) The expenditures of no commissioner, office, department, board, institution, commission, or agency shall exceed the amount originally provided for in the final budget unless the same be amended or revised to provide for such expenditure as herein provided. Any officer of the county or department official, including the chair of the county commission, any associate county commissioner, sheriff, coroner, tax assessor, tax collector, or judge of probate, who willfully violates any of the provisions of this budget shall be personally liable for the amount by which the expenditures of his or her district, office, department, board, institution, commission, or agency exceeds the amount set by the final budget or the budget as it may be amended.

(c) If the final budget shall be amended all elected county officials and the heads of all county departments, boards, or agencies receiving funding from the budget shall be immediately notified by the chair in writing of the amendment.

(d) The chair shall regularly review expenditures of all offices, departments, boards, commissions, and agencies receiving funds through the budget and shall forthwith notify any department head or other official in charge when it appears that the office, department, board, institution, commission, or agency will exceed its budget for the year. If the appropriate official or department head fails to take remedial action the chair may not sign further warrants or checks in payments of expenditures of the office, department, board, commission, or agency after the total appropriation of the office, department, board, commission, or agency has been expended.

(e) During that period of the last year of their term of office which is a part of the fiscal year that shall end after their term of office, the chair and the associate members of the commission shall not spend more than 1/8th of any amount budgeted to them. Provided however, this subsection does not apply to any bonded indebtedness regularly and lawfully coming due during that period of time or to any warrants or other obligations for which specific revenue of the county shall have been previously pledged. Any chair or associate member of the commission who shall willfully violate this section shall be personally liable to the county for the amount of the unauthorized expenditure.
Ala. Code § 45-8A-111.07 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-111.07
Section 45-8A-111.07 Officers of the Authority
Status: in_force

The officers of the authority shall consist of a chairman, vice chairman, secretary, treasurer, and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chairman and vice chairman of the authority shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officers of the authority may, but need not, be members of the board and shall also be elected by the board. The chairman, vice chairman, secretary, and treasurer of the authority shall also be the chairman, vice chairman, secretary, and treasurer of the board, respectively. Prior to receipt by the authority of any tax revenues from the city, any county, state, or federal governments, the treasurer of the authority shall provide evidence to the governmental entity from which the funds are to be received of procurement of a fidelity bond in an amount equal to or greater than the amount of tax funds to be received and that the company issuing the bond is qualified to issue fidelity bonds in the State of Alabama.
Ala. Code § 45-49-247.02 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-247.02
Section 45-49-247.02 Exemption - Mission of Hope, Inc
Status: in_force

The Mission of Hope, Inc., a nonprofit corporation, located in Mobile, Alabama, is exempted from paying any county and municipal sales or use taxes.
Ala. Code § 45-51A-32.21 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.21
Section 45-51A-32.21 Membership in Pension Fund
Status: in_force

Any person who is now, or hereafter becomes, an employee of the Fire Department of the City of Montgomery shall become a member of the pension fund as a condition of employment.
Ala. Code § 45-31-110 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-110
Section 45-31-110 Applicability
Status: in_force

The provisions of this article shall apply in Geneva County.
Ala. Code § 45-46-170 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-170
Section 45-46-170 Board of Health Fees
Status: in_force

(a) The Marengo County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. The health department is hereby authorized to charge and collect such fees. All fees collected shall be in addition to any and all federal, state, and local appropriations. Any fees collected shall be processed in accordance with the recommendations of the Department of Examiners of Public Accounts.

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

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

(d) All fees collected pursuant to this section are hereby appropriated to the health department which collected such fees.
Ala. Code § 45-27-82.26 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-82.26
Section 45-27-82.26 Costs and Fees
Status: in_force

(a) An applicant may be assessed a fee of not more than one thousand dollars ($1,000) when the applicant is approved for the program. The amount of the assessment for participation in the program shall be set from time to time by the district attorney. The assessment shall be in addition to any court costs and assessments for victims or drug or alcohol treatment required by law, and is in addition to costs of supervision, treatment, and restitution for which the person may be responsible. Fees may be waived by the district attorney because of circumstances relating to a specific offender and the financial status of the offender. A schedule of payments for any of these fees may be established by the district attorney.

(b) Fees collected pursuant to this section shall be deposited by the district attorney into the District Attorney’s Fund and used for law enforcement as provided by law.
Ala. Code § 45-20-170 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-170
Section 45-20-170 Enforcement of Litter Laws
Status: reserved

(a) The Covington County Health Department may, at its discretion, enforce littering laws, and other laws relating to littering in Covington County, in addition to health laws and regulations governing the control and disposal of solid waste in Covington County, and shall be empowered with the authority of peace officers as defined by state law for the purpose of enforcing such laws.

(b) Mail or other personal items bearing the name or address of the recipient or former owner thereof among refuse, garbage, waste paper, trash, litter, or other debris unlawfully placed, thrown, left, or dumped within Covington County shall constitute prima facie evidence that the person whose name or address appears on the mail or other personal item unlawfully placed, put, threw, left, dumped, or deposited the refuse, garbage, waste paper, trash, litter, or other debris; and any law enforcement officer or member of the Covington County Health Department shall have the authority to seek prosecution against such person based on such prima facie evidence.

(c) It is unlawful to dump, deposit, place, throw, or leave refuse, paper, litter, rubbish, debris, filthy or odoriferous objects, substances, or other trash upon a state or county highway, road, or other public thoroughfare in Covington County, and any person upon first conviction thereof shall be punished by fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500).

(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws relative to littering; however, any law which conflicts specifically herewith is hereby repealed.
Ala. Code § 45-40-245.35 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-245.35
Section 45-40-245.35 Special Provisions Respecting Payment of Use Tax; Receipts and Returns by Registered Sellers
Status: in_force

Every registered seller making sales of tangible personal property for storage, use, or other consumption in the county, which storage, use, or other consumption is not exempted from the use taxes herein authorized to be levied, shall at the time of making such sale, or if the storage, use, or other consumption of such tangible personal property in the county is not then subject to the taxes herein authorized to be levied, at the time such storage, use, or other consumption becomes subject to the taxes herein authorized to be levied, collect the tax from the purchaser, and shall give to the purchaser a receipt therefor in the manner and form prescribed by the State Department of Revenue. On the twentieth day of the month next succeeding following the close of each quarterly period, each registered seller shall file with the State Department of Revenue a return for the then preceding quarterly period in such form as may be prescribed by the State Department of Revenue showing the total sales price of the tangible personal property sold by such registered seller, the storage, use, or other consumption of which became subject to the use taxes herein authorized to be imposed, during the then preceding quarterly period; and each return shall be accompanied by a remittance of the amount of the use taxes required to be collected by such registered seller during the period covered by the return; provided that any registered seller may defer collecting the taxes with respect to credit sales until collection of the proceeds of such sales and may defer reporting credit sales until after their collection, but shall thereafter collect the taxes along with collection of the credit sales, shall include in each quarterly report all credit collections made during the preceding quarterly period and shall remit the taxes with respect thereto at the time of filing such report or return. Any person who has paid to a registered seller the tax with respect to the use, storage, or other consumption of tangible personal property in the county need not file a report or make any further payment of the tax, but each person who purchases tangible personal property the storage, use, or other consumption of which is subject to the use taxes authorized to be imposed herein, and who has not paid the use taxes due with respect thereto to a registered seller, shall report and pay the use taxes as required by Section 45-40-245.33. It shall be unlawful for any registered seller to fail or refuse to add to the sales price and to collect from the purchaser the amount of the use taxes authorized to be imposed herein or to refund or offer to refund or absorb, or to advertise directly or indirectly, the absorption of the use taxes or any portion thereof.
Ala. Code § 45-41-244.57 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-244.57
Section 45-41-244.57 Applicability of State Provisions
Status: in_force

All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of monthly reports and keeping and preserving records with respect thereto, interest after the due date of the tax, penalties for failure to pay the tax, make reports or otherwise comply with the state sales tax statutes, the promulgation of rules and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes, which are not inconsistent with this subpart, when applied to the sales taxes authorized to be levied in Section 45-41-244.51, shall apply to the sales taxes authorized to be levied in Section 45-41-244.51; and all provisions of the state use tax statutes with respect to payment, assessment, and collection of the state use tax, making quarterly reports and keeping and preserving records with respect thereto, interest after the due date of the state use tax, penalties for failure to pay the tax, make reports or otherwise to comply with the state use tax statutes, the promulgation of rules and regulations with respect to the state use tax and the administration and enforcement of the state use tax statutes, which are not inconsistent with this subpart, when applied to the use taxes authorized to be levied in Section 45-41-244.52, shall apply to the use taxes authorized to be levied in Section 45-41-244.52. The Commissioner and the State Department of Revenue shall have and exercise the same powers, duties, and obligations, with respect to the taxes herein authorized to be levied, that are imposed on the Commissioner and the department by the state sales tax statutes and the state use tax statutes. All provisions of the state sales tax statutes and the state use tax statutes that are made applicable by this subpart to the taxes herein authorized to be levied and to the administration of this subpart are incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-3-242.06 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-242.06
Section 45-3-242.06 Transitional Provisions
Status: in_force

The offices of the Tax Assessor and Tax Collector of Barbour County are abolished effective the first day of October 1997, or upon the occurrence of a vacancy in the office of tax assessor or tax collector. If the office of tax assessor or tax collector becomes vacant before October 1, 1997, the office of revenue commissioner shall immediately come into being, and the remaining officer, tax assessor or tax collector, as the case may be, shall immediately assume the duties of the office of County Revenue Commissioner of Barbour County and shall perform the duties of the office until a revenue commissioner has been elected as provided in this part. For performing the duties of the new office, he or she shall be entitled to the salary prescribed by law for the revenue commissioner.
Ala. Code § 45-35A-52.23 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-52.23
Section 45-35A-52.23 Provisions Cumulative
Status: in_force

The provisions of this part are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with this part.
Ala. Code § 45-56-231.01 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-231.01
Section 45-56-231.01 Sale of Perishable Property
Status: in_force

If the abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for the property. The proceeds of the sale shall be held in a separate account for a period of six months for the owner. During this period, the proceeds shall be paid to the owner upon demand, less any cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property, the net funds shall be paid to the office of the Sheriff of Randolph County.
Ala. Code § 45-3-84.64 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-84.64
Section 45-3-84.64 Ad Valorem and Sales Taxes - Collection
Status: in_force

To prevent motor vehicles from escaping taxation and to provide for the more efficient assessment and collection of taxes due on motor vehicles, no license shall be issued to operate a motor vehicle on the public highways of this state, nor shall any transfer be made by the judge of probate as provided under this subpart until the ad valorem tax and the sales tax on the vehicle are paid in the county for the preceding year as evidenced by receipt of the judge of probate, if the motor vehicle belongs to a resident of Barbour County or is principally used or operated in Barbour County.
Ala. Code § 45-56-242.06 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.06
Section 45-56-242.06 Department Charge for Randolph County to Collect Taxes
Status: in_force

The department or other entity shall charge Randolph County for collecting the tax authorized to be levied under this subpart in an amount or percentage of total collections as may be agreed upon by the commissioner or other entity and the Randolph County Commission. The charge shall not exceed five percent of the total amount of the tax collected in the county. The charge may be deducted each month from the gross revenues from the tax before certification of the amount of the proceeds due Randolph County for that month. The Commissioner of Revenue or collecting entity shall pay into the State Treasury all amounts collected under this subpart, as the tax is received by it on or before the first day of each successive month. The commissioner or other entity shall certify to the Comptroller the amount collected and paid into the State Treasury for the benefit of Randolph County during the month immediately preceding the certification. The Comptroller shall issue a warrant each month payable to the county Treasurer of Randolph County in an amount equal to the certified amount which shall be paid into the county general fund to be distributed as follows:

(1) Fifty percent shall be distributed to the Randolph County Board of Education to be used exclusively for the school system.

(2) Forty percent shall be used exclusively for the construction and operation of the Randolph County jail.

(3) Ten percent shall be distributed to the Randolph County association of volunteer firefighters to be used to improve I.S.O. ratings and other state certifications required to perform their duties.
Ala. Code § 45-10-201.05 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-201.05
Section 45-10-201.05 Assessment of Vehicles
Status: in_force

Before any vehicle can be assessed, the license commissioner shall be furnished the tag number presently on the vehicle unless the vehicle is new, in which case a bona fide bill of sale from the dealer showing when the new vehicle was bought shall be furnished. 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 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. If the tag number or bill of sale or certificate of title is not furnished, the vehicle shall be deemed to have been in the state the entire year for which taxes are being assessed.
Ala. Code § 45-55-243.07 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-243.07
Section 45-55-243.07 Enforcement; Civil Suit; Taxes a Lien
Status: in_force

The taxes imposed by this subpart shall constitute a debt due the county and may be collected by civil suit, in addition to all other methods provided by law in this subpart. The taxes, together with interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the taxes are due or who is required to collect the taxes. All the provisions of the revenue laws of the state which apply to the enforcement of liens for license taxes due the state shall apply fully to the collection of the taxes levied by this subpart. The county and the special collection agent, for the use and benefit of the county as hereinafter specified, shall collect the taxes and enforce this subpart. The county and the special collection agent shall have and may exercise for such collection and enforcement all rights and remedies that the state Department of Revenue has for collection of the state sales tax and the state use tax. The county and the special collection agent shall have full authority to employ special counsel from time to time to enforce collection of the taxes levied by this subpart and otherwise to enforce this subpart, including the institution prosecution, and defense of any litigation involving this subpart and may pay such special counsel such fees as it deems necessary and proper from the proceeds of the taxes collected hereunder.
Ala. Code § 45-11-172.04 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-172.04
Section 45-11-172.04 Requirements of Owner of Dog Declared Dangerous or a Nuisance
Status: in_force

(a)(1) If a court determines that a dog is dangerous or a nuisance, but does not order that the dog be destroyed because evidence was insufficient to determine that the dog caused serious physical injury or damage to the real or personal property of another person, the owner of the dog shall comply with the requirements in subdivision (2) in addition to any other requirements imposed by the court.

(2) Within 30 days of the issuance of the order declaring the dog to be dangerous or a nuisance, the owner of the dog shall be required to register the dog with the animal control authority in the jurisdiction in which the animal is kept or if there is no animal control authority in the jurisdiction where the animal is kept, with the county health department. All certificates of registration required to be obtained under this section shall only be issued to persons 18 years of age or older which represent evidence of the following:

a. A current certificate of rabies vaccination.

b. A current photograph of the dog.

c. That the dog will be confined to a proper enclosure when the dog is outdoors and unattended.

d. That the dog has been neutered or spayed, unless medically not needed.

e. That the dog has been permanently identified by tattooing or injected with an identification microchip using standard veterinary procedures.

f. A policy of insurance or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering the medical or veterinary costs, or both, resulting from any future dangerous actions of the dog.

g. If the owner of the dangerous or nuisance dog is not the owner of the property where the dog is kept, proof that the owner of the dog has obtained from the property owner written permission for the dangerous or nuisance dog to be kept there.

h. A notarized affidavit from the owner of the dangerous or nuisance dog stating that the dog will be under the control of a person 18 years of age or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside the property of its owner except in emergencies or for normal or necessary medical or health-related treatment.

(b) If the owner fails to provide a proper enclosure for the dangerous or nuisance dog or fails to provide a certification of dangerous or nuisance dog registration to the court within 30 days of the issuance of the declaration of the court that the dog is dangerous or a nuisance, the dog shall be humanely euthanized.

(c) The owner of the dangerous or nuisance dog shall pay an annual fee to register the dog pursuant to this part. The amount of the dangerous or nuisance dog registration fee shall be established by the county.

(d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this part and any court order issued pursuant to this part.

(e) Prior to a dangerous or a nuisance dog being sold or given away, the owner shall advise the new prospective owner in writing that the dog has been declared to be dangerous or a nuisance by a court and shall provide the animal control authority or county health department information on where the dog is registered, the name, address, and the telephone number of the new owner. The new owner shall comply with all of the requirements of this part.
Ala. Code § 45-49A-81.21 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-81.21
Section 45-49A-81.21 Return of Contributions
Status: in_force

Whenever any person who contributes to the fund provided for by this part shall leave the service for any reason he or she will be entitled to the return of all monies contributed by him or her to such fund, but without interest.
Ala. Code § 45-57-82.48 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-82.48
Section 45-57-82.48 Acceptance of Offender’s into Pretrial Diversion Program
Status: in_force

(a) Upon acceptance of an offender into the pretrial diversion program, the district attorney shall submit the offender’s written application, together with the offender’s statement of facts, the district attorney’s acceptance of the offender, and the agreement between the district attorney and the offender, to the court presiding over the offender’s case. The offender shall then enter a plea of guilty to the charge.

(b) Upon acceptance of the plea, the court shall withdraw and file the case or otherwise place it on an administrative docket until such time as the court has been notified that the offender has either fulfilled the terms of the agreement or has been terminated from the program. However, imposition of punishment by the court shall be deferred until and unless the offender is terminated from the program. In the event the offender is terminated from the program, the court shall impose punishment in the same manner as any other plea of guilty.

(c) Upon successful completion of the program by the offender, the district attorney shall notify the court in writing of that fact together with a request that the plea of guilty be set aside and the case be dismissed.

(d) Regardless of whether the offender successfully completes the program or is terminated from the program, the offender shall be liable for any and all court costs, fees, restitution, and any other assessment levied by the court.