Ala. Code § 45-13-100.20 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-100.20
Section 45-13-100.20 Composition; Election by Districts
Status: in_force

(a) The County Board of Education of Clarke County shall consist of five members elected from five single-member school board districts as hereinafter provided.

(b) For the purpose of this section, and for future elections of members of the county school board, and until otherwise reapportioned by the county board of education pursuant to Alabama law, Clarke County is hereby divided into five county school districts to be designated school board district no. 1, school board district no. 2, school board district no. 3, school board district no. 4, and school board district no. 5, to be divided as follows:

(1) DISTRICT 1

Beginning at the intersection of US Hwy No 43 and Bassett Creek, being at the south city limits of Thomasville; thence Southerly along Bassett Creek 5.0 miles, more or less, to a power line of Alabama Power Company; thence Northerly along said power line 5.2 miles, more or less, to Co Rt 27; thence Southerly along Co Rt 27 2.8 miles, more or less, to Nettlesboro public road; thence Southeasterly along Nettlesboro public road 5.5 miles, more or less, to Little Bassett Creek; thence Southerly along Little Bassett Creek 3.0 miles, more or less, to Co Rt 30; thence Westerly along Co Rt 30 0.1 mile, more or less, to county public road (Gates Road); thence Northerly along Gates Road 3.0 miles, more or less, to Jr. Glass Road; thence Westerly along Glass Road 2.8 miles, more or less, to Co. Rt 27 and intersection with Dr Wade Road; thence Westerly along Wade Road 0.6 mile, more or less, to east town limits of Town of Fulton; thence Northerly along town limits of Fulton 1.1 miles, more or less, to the Woodie Bradford Road; thence Southerly along Woodie Bradford Road 0.7 mile, more or less, to Dr Wade Road; thence Westerly along Dr Wade Road 0.2 mile, more or less, to Southern Railroad; thence Southerly along Southern Railroad 1.4 miles, more or less, to Co Rt 27; thence Southerly along Co Rt 27 2.6 miles, more or less, to the Harrigan Road; thence Southerly along the Harrigan Road 2.5 miles, more or less, to Co Rt 22; thence Westerly along Co Rt 22 1.75 miles, more or less, to James Creek; thence Southerly along James Creek 0.1 mile to an unnamed branch near Grove Hill Sewer Plant; thence Westerly along said branch 0.6 mile, more or less, to Grove Hill Sewer Plant; thence from said plant go Westerly along sewer outfall line 1.0 mile, more or less, to Forest Lane Ave, approx. 500′ northwest of Morris Street; thence Easterly and Southerly along Forest Lane and Carter Drive 1.0 mile, more or less, to US Hwy No 84; thence Westerly along US Hwy No 84 and Grove Hill Ave 2.0 miles, more or less, to power line of Alabama Power Company; thence Northerly along said power line 1.75 miles, more or less, to north limits of Town of Grove Hill; thence West and South along town limits of Grove Hill 3.8 miles, more or less, to Co Rt 18; thence Easterly along Co Rt 18 1.4 miles, more or less, to branch, being the head of Fishers Creek; thence Southeasterly along said branch and Fishers Creek 7.0 miles, more or less, to the Southern Railroad; thence Northerly along Southern Railroad 1.2 miles, more or less, to US Hwy No 84; thence East along US Hwy No 84 2.9 miles, more or less, to Co Rt 35 thence Southerly along Co Rt 35 3.8 miles, more or less, to Allen-Suggsville Road; thence Westerly along Allen-Suggsville Road 2.9 miles, more or less, to Allen at Methodist Church; thence Westerly along Shields Tarleton Road 2.6 miles, more or less, to Jim Wallace Kelly Road; thence Southerly along Jim Wallace Kelly Road 2.6 miles, more or less, to Simmons Creek Road; thence Westerly along Simmons Creek Road 2.0 miles, more or less, to the old public road leading North, approx. 0.1 mile west of Simmons Creek; thence Northwesterly along said old public road 2.0 miles, more or less, to Co Rt 19; thence Northerly along Co Rt 19 0.8 mile, more or less, to Boy Scout Road; thence Westerly along Boy Scout Road 1.8 miles, more or less, to branch at Boy Scout pond; thence Southerly along said branch 1.9 miles, more or less, to Rabbit Creek; thence Northerly along Rabbit Creek 0.1 mile, more or less, to a branch; thence Westerly along said branch 1.5 miles, more or less, to US Hwy No 43 near A.E.C. substation; thence Southerly along US Hwy No 43 1.1 miles, more or less, to Co Rt 3; thence Northerly along Co Rt 3 7.8 miles, more or less, to Jackson Creek near Winn, thence Southwesterly along Jackson Creek 5.2 miles, more or less, to Tattilaba Creek; thence Northerly along Tattilaba Creek 5.5 miles, more or less, to Co Rt 3 at Pleasant Grove Church; thence Northerly along Co Rt 3 2.7 miles, more or less, to Oliver Road; thence Northeast along Oliver Road 2.5 miles, more or less, to US Hwy No 84; thence West along US Hwy No 84 3.5 miles, more or less, to Satilpa Creek; thence 3 Northeasterly along Satilpa Creek 3.5 miles, more or less, to Harris Creek; thence Northerly along Harris Creek 0.25 mile, more or less, to Norris Road, thence Easterly along Norris Road 1.2 miles, more or less, to Satilpa Creek; thence Easterly along Satilpa Creek 14.0 miles, more or less, to Irwin Creek; thence Northeasterly along Irwin Creek 1.4 miles, more or less, to Co Rt 17; thence Westerly along Co Rt 17 0.1 mile, more or less, to Scotch Road; thence Easterly along Scotch Road 4.0 miles, more or less, to Old Grove Hill and Thomasville public road; thence Northerly along said road 1.5 miles, more or less, to unpaved county road; thence Northeasterly along said unpaved road 2.0 miles, more or less, to US Hwy No 43; thence Northerly along US Hwy No 43 3.2 miles, more or less, to Bassett Creek, the POINT OF BEGINNING.

(2) DISTRICT 2

Beginning at the Clarke-Marengo County line at the east bank of the Tombigbee River, thence Easterly along Clarke-Marengo County line 23.6 miles, more or less, to the Wilcox County line; thence Southerly along the Clarke-Wilcox County line 5.2 miles, more or less, to the Roundhill Road; thence Southwesterly along Roundhill Road 3.0 miles, more or less, to a prong of Little Bassett Creek; thence Southwesterly along Little Bassett Creek 1.4 miles, more or less, to Co Rt 27; thence Southerly along Co Rt 27 0.2 mile, more or less, to the Rural Road; thence Westerly along the Rural Road 2.0 miles, more or less, to US Hwy No 43; thence Northerly along US Hwy No 43 0.6 mile, more or less, to Windsorwood Drive; thence Westerly and Northerly along Windsorwood Dr. Windsorwood Circle and Windsorwood Dr 0.4 mile, more or less, to Pine Street; thence Easterly along Pine Street 0.2 mile, more or less, to US Hwy No 43; thence Northerly along US Hwy No 43 2.8 miles, more or less, to Foster Ave; thence Westerly, Northerly and Westerly along Foster Avenue and Linwood Ave 1.3 miles, more or less, to Old Choctaw Corner Road; thence Southerly along Old Choctaw Corner Road 1.3 miles, more or less, to 4-Way Stop at Al Hwy 154; thence Easterly along Al Hwy 154 0.3 mile, more or less, to power line of Alabama Power Company; thence Southerly along power line 3.2 miles, more or less, to the Dummy Line Road; thence Easterly, Southerly and Easterly 0.7 mile, more or less, to US Hwy No 43; thence Southerly along US Hwy No 43 3.2 miles, more or less, to county unpaved road; thence Southwesterly along said unpaved road 2.0 miles, more or less, to Old Grove Hill and Thomasville road; thence Southerly along Old Grove Hill and Thomasville public road 1.5 miles, more or less, to the Scotch Road leading to Chilton; thence Westerly along Scotch Road 4.0 miles, more or less, to Co Rt 17; thence Easterly along Co Rt 17 0.1 mile, more or less, to Irwin Creek; thence Southwesterly along Irwin Creek 1.4 miles, more or less, to Satilpa Creek; thence Westerly along Satilpa Creek 14.0 miles, more or less, to the Norris Road; thence Northerly and Westerly along the Norris Road 1.2 miles, more or less, to Harris Creek; thence Northwesterly along Harris Creek 6.3 miles, more or less, to Roberts Creek; thence Westerly along Roberts Creek 0.3 mile, more or less, to the Smyer Road; thence South and West along Smyer Road 3.5 miles, more or less, to Owl Hill Road; thence Northerly along Owl Hill Road 7.5 miles, more or less, to Al Hwy No 69; thence Northerly along Al Hwy No 69 0.3 mile, more or less, to Cunningham Road; thence Northwesterly along Cunningham Road 1.8 miles, more or less, to Turkey Creek; thence Southerly and Westerly along Turkey Creek 5.2 miles, more or less, to the east bank of the Tombigbee River, the Clarke County line; thence Northerly along the Tombigbee River, the Clarke-Choctaw County line, 20.0 miles, more or less, to the POINT OF BEGINNING.

(3) DISTRICT 3

Beginning at the intersection of Co Rt 3 and US Hwy No 43, north of Jackson, thence Northerly along US Hwy No 43 1.1 miles, more or less, to a branch near the A.E.C. substation; thence Easterly along said branch 1.5 miles, more or less, to Rabbit Creek; thence Southerly along Rabbit Creek 7.3 miles, more or less, to the Southern Railroad; thence Southerly along the Southern Railroad 2.8 miles, more or less, to Bridal Path Road and Industrial Road intersection; thence Northerly along Bridal Path Road 4.8 miles, more or less, to the Industrial Bypass; thence West along Industrial Bypass 0.6 mile, more or less, to US Hwy No 43; thence Southerly along US Hwy No 43 1.3 miles, more or less, to Al Hwy 177 (College Ave); thence Southerly along Al Hwy 177 0.8 mile, more or less, to Forest Ave; thence Southerly along Forest Ave 2.1 miles, more or less, to E. Clinton St; thence Easterly on E. Clinton St 0.6 mile, more or less, to Linden Ave; thence South on Linden Ave 0.2 mile, more or less, to Church St; thence West on Church Stand extension thereof 2.5 miles, more or less, to the east line of Census Tract No 832; thence Northerly along said east line of Census Tract No 832 2.4 miles, more or less, to US Hwy No 43; thence West along US Hwy No 43 4.0 miles, more or less, to the Tombigbee River, the Washington County line; thence Northerly along the Tombigbee River and Washington and Choctaw County line 38.0 miles, more or less, to Turkey Creek; thence Easterly and Northerly along Turkey Creek 5.2 miles, more or less, to the Cunningham Road; thence Southeasterly along Cunningham Road 1.8 miles, more or less, to Al Hwy 69; thence Southerly along Al Hwy 69 0.3 mile, more or less, to Owl Hill Road; thence Southerly along Owl Hill Road 7.5 miles, more or less, to Smyer Road; thence North and East along Smyer Road 3.5 miles, more or less, to Roberts Creek; thence Easterly along Roberts Creek 0.3 mile, more or less, to Harris Creek; thence Southeasterly along Harris Creek 6.3 miles, more or less, to Norris Road; thence Easterly and Southerly along Norris Road 1.2 miles, more or less, to Satilpa Creek; thence Southeasterly along Satilpa Creek 3.5 miles, more or less, to US Hwy No 84; thence Easterly along US Hwy No 84 3.5 miles, more or less, to Oliver Road; thence Southwest along Oliver Road 2.5 miles, more or less, to Co Rt 3; thence Southerly along Co Rt 3 2.7 miles, more or less, to Tattilaba Creek at Pleasant Grove Church; thence Southerly along Tattilaba Creek 5.5 miles, more or less, to Jackson Creek; thence Northeasterly along Jackson Creek 5.2 miles, more or less, to Co Rt 3 near Winn; thence Southerly along Co Rt 3 7.8 miles, more or less, to US Hwy No 43; the POINT OF BEGINNING.

(4) DISTRICT 4

Beginning at the intersection of Cedar Creek and the Alabama River at the Monroe County line; thence Southerly and Southwesterly along the Alabama River and Monroe and Baldwin County lines 38.0 miles, more or less, to the intersection with the Tombigbee River; thence Northerly along the Tombigbee River and Washington County line 30.0 miles, more or less, to US Hwy No 43; thence Easterly along US Hwy No 43 4.0 miles, more or less, to 2.0 miles, more or less, to the east line of Census Tract No 832; thence Southerly along east line of said Census Tract 2.4 miles to the extension of Church Street; thence Easterly and along Church Street 2.5 miles, more or less, to Linden Ave; thence Northerly along Linden Ave 0.2 mile, more or less, to East Clinton Street; thence Westerly along E. Clinton Street 0.6 mile, more or less, to Forest Ave; thence Northerly along Forest Ave 2.1 miles, more or less, to Al Hwy 177 (College Ave); thence Northerly along Al Hwy 177 0.8 mile, more or less, to US Hwy No 43; thence Northerly along US Hwy No 43 1.3 miles, more or less, to the Industrial Bypass; thence Easterly along Industrial Bypass 0.6 mile, more or less, to Bridal Path Road; thence Southerly along Bridal Path Road 4.8 miles, more or less, to Southern Railroad; thence Northerly along Southern Railroad 2.8 miles, more or less, to Rabbit Creek; thence Southeasterly along Rabbit Creek 0.3 mile, more or less, to Bassett Creek; thence Easterly along Bassett Creek 2.5 miles, more or less, to a branch; thence Southeasterly along said branch 3.2 miles, more or less, to Co Rt 19; thence Southeasterly along Co Rt 19 2.9 miles to Perry’s Chapel; thence Northeasterly along Manila Road 3.2 miles, more or less, to intersection with public road at Rockhouse; thence Southerly along said public road 0.2 mile, more or less, to Cedar Creek; thence Easterly along Cedar Creek 8.0 miles, more or less, to the Alabama River; the POINT OF BEGINNING.

(5) DISTRICT 5

Beginning at the intersection of Cedar Creek and the Alabama River at the Monroe County line; thence Westerly along Cedar Creek 8.0 miles, more or less, to the public road; thence Northerly along said public road 0.2 mile, more or less, to the Manila Road at the Rockhouse; thence Southeasterly along the Manila Road 3.2 miles, more or less, to Perry’s Chapel; thence Northwesterly along Co Rt 19 3.2 miles to a branch; thence Northwesterly along said branch 3.2 miles, more or less, to Bassett Creek; thence Westerly along Bassett Creek 2.5 miles, more or less, to Rabbit Creek; thence Northerly along Rabbit Creek 7.5 miles, more or less, to a branch; thence Northerly along said branch 1.9 miles, more or less, to Boy Scout Road at Boy Scout Pond; thence Easterly along Boy Scout Road 1.8 miles, more or less, to Co Rt 19; thence Southerly along Co Rt 19 0.8 mile, more or less, to old public road; thence Southeasterly along said public road 2.0 miles, more or less, to Simmons Creek Road, approx. 0.1 mile west of Simmons Creek: thence Easterly along Simmons Creek Road 2.0 miles, more or less, to Jim Wallace Kelly Road; thence Northerly along Jim Wallace Kelly Road 2.6 miles, more or less, to Shields Tarleton Road; thence Easterly along Shields Tarleton Road 2.6 miles, more or less, to Methodist Church at Allen; thence Easterly along Allen-Suggsville Road 2.9 miles, more or less, to Co Rt 35: thence Northerly along Co Rt 35 3.8 miles, more or less, to US Hwy No 84; thence West along US Hwy No 84 2.9 miles, more or less, to the Southern Railroad: thence Southerly along Southern Railroad 1.2 miles, more or less, to Fishers Creek: thence Northwesterly along Fishers Creek 7.0 miles, more or less, to Co Rt 18: thence West along Co Rt 18 1.4 miles, more or less, to the west town limits of Grove Hill; thence North and East along town limits of Grove Hill 3.8 miles, more or less, to power line of Alabama Power Company; thence Southerly along said power line 1.75 miles, more or less, to Grove Hill Ave; thence East along Grove Hill Ave and US Hwy No 84 2.0 miles, more or less, to Carter Drive; thence Northerly along Carter Drive and Forest Lane Ave 1.0 mile, more or less, to point approx. 500′ North of Morris Street, being the sewer outfall line; thence Easterly along said sewer outfall line 1.0 mile, more or less, to the Grove Hill Sewer Treatment Plant; thence Easterly along branch from sewer treatment plant 0.6 mile, more or less, to James Creek; thence Northerly along James Creek 0.1 mile, more or less, to Co Rt 22; thence Easterly along Co Rt 22 1.75 miles, more or less, to Harrigan Road; thence Northerly along Harrigan Road 2.5 miles, more or less, to Co Rt 27; thence Northerly along Co Rt 27 2.6 miles, more or less, to Southern Railroad; thence Northerly along Southern Railroad 1.4 miles, more or less, to Dr Wade Road; thence Easterly along Dr Wade Road 0.2 mile, more or less, to Woodie Bradford Road; thence Northerly along Woodie Bradford Road 0.7 mile, more or less, to east town limits of Fulton; thence Southerly along said east town limits 1.1 miles, more or less, to Dr Wade Road; thence Easterly along Dr Wade Road 0.6 mile, more or less, to intersection with Co Rt 27 and Jr Glass Road; thence Easterly along Jr Glass Road 3.0 miles, more or less, to county public road (Gates Road); thence Southerly along Gates Road 3.0 miles, more or less, to Co Rt 30; thence Easterly along Co Rt 30 0.1 mile, more or less, to Little Bassett Creek; thence Northerly along Little Bassett Creek 3.0 miles, more or less, to Nettlesboro Road; thence Northwesterly along Nettlesboro Road 5.5 miles, more or less, to Co Rt 27; thence Northerly along Co Rt 27 2.8 miles, more or less, to power line of Alabama Power Company; thence Southerly along said power line 5.2 miles, more or less, to Bassett Creek; thence Northerly along Bassett Creek 5.0 miles, more or less, to US Hwy No 43 at the south city limits of Thomasville; thence Westerly, Northerly and Westerly along the Dummy Line Road 0.7 mile, more or less, to power line of Alabama Power Company; thence Northerly along said power line 3.2 miles, more or less, to Al Hwy No 154; thence Westerly along Al Hwy No 154 to 4-Way Stop at Old Choctaw Corner Road; thence Northerly along Old Choctaw Corner Road 1.3 miles, more or less, to Linwood Ave; thence Easterly, Southerly and Easterly along Linwood Ave and Foster Ave 1.3 miles, more or less, to US Hwy No 43; thence Southerly along US Hwy No 43 2.8 miles, more or less, to Pine Street: thence Westerly along Pine Street 0.2 mile, more or less, to Windsorwood Dr; thence Southerly and Easterly along Windsorwood Dr. Windsorwood Circle and Windsorwood Dr 0.4 mile, more or less, to US Hwy No 43; thence Southerly along US Hwy No 43 0.6 mile, more or less, to Rural Road; thence Easterly along Rural Road 2.0 miles, more or less, to Co Rt 27; thence Northerly along Co Rt 7 0.2 mile, more or less, to a prong of Little Bassett Creek; thence Northeasterly along said prong of creek 1.4 miles, more or less, to the Roundhill Road; thence Northeasterly along Roundhill Road 3.0 miles, more or less, to Wilcox County line; thence Southerly, Easterly, Southerly, West and Southerly along Wilcox and Monroe County line 43.0 miles, more or less, to the intersection of the Alabama River and Cedar Creek, the POINT OF BEGINNING.

(c) The qualified electors residing in each of the districts in Clarke County shall elect one school board member for that district, who shall be a bona fide elector of and shall actually reside in the district for which he or she is elected, and who shall hold office for a period of four years, and until his or her successor shall be elected and qualified.

(d) The school board members for school districts 1, 2, and 5 shall run in 1992, and every four years thereafter, and the terms of those members elected in 1992 shall begin on the first Monday after the second Tuesday in January, 1993, and shall end when their successors are elected and qualified. The school board members for school districts 3 and 4 shall run in 1994, and every four years thereafter, and their terms, and the terms of all school board members elected thereafter, shall begin as soon as they are elected and qualified.

(e) This section shall not affect the duties, rights, and tenure of the office of the present members of the Clarke County Board of Education, but the members shall continue to hold and discharge their duties of the office as now incumbent upon them and as may be incumbent upon them by law, until their successors shall be elected and qualified under this section.
Ala. Code § 45-49-171.76 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.76
Section 45-49-171.76 Annual Report
Status: in_force

The county medical examiner shall make an annual report to the county governing body listing the number of deaths investigated, the determinations made, and other reasonable facts as required by the governing body.
Ala. Code § 45-28-260 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-260
Section 45-28-260 Applicablity
Status: in_force

This part shall only apply in Etowah County.
Ala. Code § 45-8A-22.120 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.120
Section 45-8A-22.120 Optional Benefit Plans
Status: in_force

(a) Optional Plans. Any participant terminating service on or after January 1, 1989, pursuant to the terms of Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116 shall, within 20 days of the effective date of termination have the option of electing a pension plan with or without death benefits from one of the following three optional plans:

(1) Option A-Fifty Percent Joint and Survivor Plan.

a. A participant having elected Option A shall, during his or her lifetime, receive a monthly benefit from the plan in accordance with Section 45-8A-22.113, Section 45-8A-22.114, or Section 45-8A-22.116.

b. In the event that a participant dies from any cause and leaves a surviving spouse, the retirement board shall direct the payment to the spouse of a monthly pension equal to 50 percent of the amount of the pension being paid to the participant at the time of his or her death; provided, however, with respect to retirements pursuant to Section 45-8A-22.113 or Section 45-8A-22.114 occurring on and after October 1, 2012, if a participant’s spouse thereafter remarries, such monthly pension benefits shall cease.

c. If the participant dies and leaves no surviving spouse or if the participant dies and simultaneously or thereafter the surviving spouse dies but leaves a surviving child or children of the participant under the age of 18 years, the retirement board shall direct the payment to the legal guardian of the child or children who are then under the age of 18 years, a monthly pension equal to 25 percent of the amount that the participant was receiving prior to his or her death for the use and benefit of the child or children.

(2) Option B-One Hundred Percent Joint and Survivor Plan.

a. A participant having elected Option B shall, during his or her lifetime, receive a monthly benefit from the plan in an amount which shall be the actuarial equivalent monthly benefit which would have been due to the participant had the participant elected Option A.

b. In the event that a participant dies from any cause and leaves a surviving spouse, the retirement board shall direct the payment to the spouse of a monthly pension equal to 100 percent of the amount of the pension being paid to the participant at the time of his or her death; provided, however, with respect to retirements pursuant to Section 45-8A-22.113 or Section 45-8A-22.114 occurring on and after October 1, 2012, if a participant’s spouse thereafter remarries, such monthly pension benefits shall cease.

c. If the participant dies and leaves no surviving spouse or if the participant dies and simultaneously or thereafter the surviving spouse dies but leaves a surviving child or children of the participant under the age of 18 years, the retirement board shall direct the payment to the legal guardian of the child or children who are then under the age of 18 years, a monthly pension equal to 50 percent of the amount that the participant was receiving prior to his or her death for the use and benefit of the child or children.

(3) Option C - Life Only Benefit Plan.

a. A participant having elected Option C shall, during his or her lifetime, receive a monthly benefit from the plan in an amount which shall be the actuarial equivalent monthly benefit which would have been due to the participant had the participant elected Option A.

b. No death benefits shall be payable to any survivor or dependents of the participant under this Option C and all benefits under the plan shall terminate upon the death of the participant.

(b) Elections. A participant shall be entitled to elect in writing to the secretary-treasurer one of the optional plans set forth in subsection (a) on the form prescribed by the retirement board, which election shall be irrevocable. An election made pursuant to this subsection shall not be effective unless accompanied by a document executed by the spouse of the participant explaining the effect of the various options available to the participant and affirmatively consenting to the election made by the participant. In the event that a participant fails to elect an optional plan, the participant automatically shall receive benefits provided under Option A. For purposes of calculating benefits under the three optional plans, a spouse or surviving spouse means the spouse of the participant at the time the election is made by the participant, such that a former spouse will be treated as the spouse or surviving spouse and a current spouse will not be treated as the spouse or surviving spouse.

(c) Actuarial Assumptions. For the purposes of calculating the actuarial equivalent monthly benefit under the preceding subsections (a) and (b), the following assumptions shall apply:

(1) The 1971 Group Annuity Mortality Table.

(2) Seven percent interest.

(d) Payments to a Surviving Child or Children. Payments made to a surviving child or children under the age of 18 years shall be paid equally. As each child attains, or in the event the child dies before attaining, the age of 18 years, that child shall cease to receive benefits, thereby increasing the share or shares of the child or children under the age of 18 years, until the youngest child reaches age 18 years.
Ala. Code § 45-45-233.36 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.36
Section 45-45-233.36 Transfer of Funds; Grants
Status: in_force

Any funds which have been collected pursuant to Act 895, 1975 Regular Session (Acts 1975, p. 1753) and Act 608, 1973 Regular Session (Acts 1973, p. 867) as amended by Act 435, 1975 Regular Session (Acts 1975, p. 1045) and which on April 25, 1978, are unexpended shall be paid over to the fund established pursuant to Section 45-45-233.23. Any federal or state grants which, on April 25, 1978, have been approved for the purpose of aiding in the implementation of the aforesaid acts shall be transferred to the fund established pursuant to Section 45-45-233.23 if legally permissible under the conditions of such grants, and if such is not legally permissible the proceeds of such grants shall be used under the direction of the commission for the purpose of carrying out the provisions hereof. Provided, however, that nothing herein contained shall be construed to disqualify any grant which has heretofore been approved.
Ala. Code § 45-25-92.30 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-92.30
Section 45-25-92.30 Creation; Composition; Operation
Status: in_force

(a) There is established the Jackson/DeKalb Counties Industrial Development Authority. The purpose of the authority shall be to market and develop the Northeast Alabama Technology Park on the Campbell site near the Northeast Alabama Community College and other sites that may be suitable for economic development in the future in the vicinity of the college.

(b) The members of the authority shall consist of the following:

(1) The President of the Northeast Alabama Community College (NACC) who shall serve as chair of the authority.

(2) One member appointed by the Jackson County Commission who shall reside within the NACC service area.

(3) One member appointed by the DeKalb County Commission who shall reside within the NACC service area.

(4) One member from Jackson County appointed by the local state legislative delegation representing Jackson and DeKalb Counties who shall reside within the NACC service area.

(5) One member from DeKalb County appointed by the local state legislative delegation representing Jackson and DeKalb Counties who shall reside within the NACC service area.

(6) One member of the Section/Dutton Water Authority Board appointed by the Section/Dutton Water Authority Board.

(7) The CEO of the Sand Mountain Electric Co-op, or his or her designee.

(8) The CEO of the Farmers Telecommunication Cooperative, or his or her designee.

(9) The Chair of the DeKalb County Economic Development Authority or his or her designee.

(10) The Chair of the Jackson County Economic Development Authority or his or her designee.

(11) The Chair of the Northeast Alabama Community College Advisory Board.

(b) The President/CEO of the Jackson County Economic Development Authority shall serve as an ex officio member. The Executive Director of the DeKalb County Economic Development Authority shall serve as an ex officio member.

(c) The appointed members of the authority shall serve for a term of four years and shall serve until a successor is appointed.

(d) The authority shall have its first meeting at the Northeast Alabama Community College at the call of the chair. The college shall provide clerical assistance to the authority. The authority may receive funding from any public or private source.
Ala. Code § 45-14-130.10 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-130.10
Section 45-14-130.10 Inspection and Approval of Equipment, Etc
Status: in_force

It shall be the further duty of the county engineer to inspect all materials, machinery, equipment, and supplies purchased by the county for use on public roads, bridges, and ferries, when the same is delivered, and the same shall neither be accepted nor paid for without its first having been approved by him or her and any deviation shall be reported by the engineer to the commission.
Ala. Code § 45-8A-22.06 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.06
Section 45-8A-22.06 Meetings
Status: in_force

The board shall fix the times for its regular meetings; and it may hold special, adjourned or call meetings at any time. A majority of the members of the board shall constitute a quorum for the transaction of business. All meetings of the board shall be held in the city hall.
Ala. Code § 45-44-232 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-232
Section 45-44-232 Pistol Permit Fee
Status: in_force

(a) In Macon County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75, shall be twenty-five dollars ($25), which shall be collected by the sheriff and deposited into the Sheriff’s Pistol Permit Fund.

(b) The Sheriff’s Pistol Permit Fund and all monies collected under subsection (a) shall be deposited by the Sheriff of Macon County in any bank located in Macon County selected by the sheriff.

(c) The Sheriff’s Pistol Permit Fund as provided in subsection (b) shall be drawn upon by the Sheriff of Macon County, or appointed agent, and shall be exclusively for law enforcement purposes in the public’s interest and in the discharge of the duties of the sheriff’s office as the sheriff sees fit.

(d) The establishment of the Sheriff’s Pistol Permit Fund as provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of the sheriff’s office.
Ala. Code § 45-23-82.10 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-82.10
Section 45-23-82.10 Pretrial Diversion Program Fund
Status: in_force

The district attorney shall establish a pretrial diversion program fund. The district attorney shall use the funds in the pretrial diversion program fund to pay costs and expenses associated with the administration of the pretrial diversion program or for other purposes contained in other pretrial diversion programs in this state. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, telephones, postage, office supplies and equipment, training and travel services, service contracts, and professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate. The pretrial diversion program fund shall be subject to audit every two years, in accordance with state law, by the Examiners of Public Accounts. In years not subject to audit, the district attorney shall obtain an independent review of the fund by a certified public accountant.
Ala. Code § 45-28-260.04 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-260.04
Section 45-28-260.04 Financial Assurance
Status: in_force

(a) An applicant shall maintain financial assurance in an amount equal to the costs associated with the reclamation plan and the removal of abandoned or unused wind energy conversion systems.

(b) In addition to the financial assurance required in subsection (a), an applicant shall maintain financial assurance in the amount of one million dollars ($1,000,000) to cover any liability for damages to adjoining property and any other damages under law. The financial assurance mechanism shall remain in full force and effect during the construction phase of any and all systems covered under the permit and shall be maintained for the life of the system.
Ala. Code § 45-26A-60 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-60
Section 45-26A-60 Tallassee Board of Education. (Amended by Act 2026-213)
Status: in_force

AMENDED BY ACT 2026-213, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) There is hereby established a school board for the City of Tallassee, Alabama, which board shall be called the Tallassee Board of Education. The members of such board shall be elected by vote of the qualified electors of the City of Tallassee, Alabama, as hereinafter provided. The board shall be composed of seven members, with one member of such board being elected from each of seven school districts as defined in subsection (b).

(b) The school districts from which such board members are to be elected shall be geographically identical to the districts from which the council members of the City of Tallassee are elected. In the event the boundaries of a city council district should be changed for any reason, the boundaries of the corresponding school board district within the City of Tallassee shall automatically change accordingly without the necessity of further action by the Legislature.

(c) Candidates for each place on such board of education shall be at least 21 years of age, residents of the school board district which they seek to represent on such board for at least 90 consecutive days prior to the deadline date for qualifying as a candidate, and shall not have a record of conviction for any crime involving moral turpitude. At the time of qualifying, each candidate for each place on such board shall pay such qualifying fee as shall be prescribed by the City Council of Tallassee, Alabama, not later than six months prior to the qualifying deadline as provided by law. Provided, however, that the qualification fee for the first elections to be held for the board created by this section shall be twenty-five dollars ($25) for each candidate.

(d) Elected school board members shall serve for four-year terms with the elections and terms thereof coinciding with those of the members of the City Council of Tallassee, Alabama. The initial elections for elected board members shall be held no later than 90 days next following July 22, 1992. The initially elected board members shall serve from the date on which they are sworn into office until the swearing in of their successors next following the next regularly scheduled city council and school board elections. Terms of office for the initially elected board members shall terminate on the first Monday of October 1992, at noon or at such time as their duly elected successors are sworn in subsequent to the first Monday of October 1992. Members of the board shall serve without compensation.

(e) In the event a vacancy occurs in the office of members of the city board of education, the vacancy shall be filled by appointment by a majority of the remaining members of the city board of education, and the appointee shall hold for the unexpired term. In the event the vacancy is not filled by the remaining members of the city board within 30 days, the State Superintendent of Education shall fill such vacancy by appointment. The city superintendent of education shall notify the State Superintendent of Education when a vacancy in the office of a member of the city board of education has not been filled within 30 days.

(f) In the event no candidate receives a majority of all of the votes cast for anyone or more positions on such school board, the city council shall order a runoff election to be held separately or in conjunction with any scheduled primary, special, or general election, at which election the two candidates receiving the most votes for the office in the initial election shall be the only candidates. The candidate receiving the most votes in such runoff election shall be declared as elected. In the event of a tie vote between such runoff candidates, the then serving city council shall decide the election by majority vote at a special meeting called for such purpose by the council’s presiding officer.

(g) All members of the board created by this section shall represent the interests of any student of the city school system who is not otherwise represented by a certain district school board member as provided for in this section.

(h) Such board of education shall have the financial records of the Tallassee School System audited at least annually by an independent auditing firm with the results of such audit being a matter of public record.

(i) The members of such board shall have such powers, authority, duties, and responsibilities as are otherwise provided by law for members of boards of education as set forth in Chapter 11 of Title 16. The new board of education elected under this section shall assume all of the responsibilities, contracts, obligations, and liabilities of the former board of education. Provided further, such new board shall assume ownership of any and all assets of such former board.
Ala. Code § 45-54-10 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-10
Section 45-54-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Pickens County local laws enacted after 1978 and all Pickens County prior local laws that were amended or affected by a local law enacted after 1978. (b) It is the purpose of this chapter to state current applicable law. To this end: (1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter. (2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable. (3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment. (4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law. (5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(b) It is the purpose of this chapter to state current applicable law. To this end: (1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter. (2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable. (3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment. (4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law. (5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(1) This chapter shall not affect the compensation, terms, pension and retirement benefits and rights, and other benefits and rights otherwise provided by law enacted prior to the codification of this chapter. (2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable. (3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment. (4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law. (5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(2) A condition or requirement for operation or effect of a law included in this chapter, including, but not limited to, voter approval at a referendum, is not superseded by the inclusion of the law in this chapter, and such condition or requirement remains applicable. (3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment. (4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law. (5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(3) This chapter shall not be construed as validating, reenacting, or enacting laws otherwise superseded or repealed by a legislative enactment. (4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law. (5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(4) This chapter shall have no effect on any law that is not included or otherwise treated and that law shall have the same effect as the law had prior to the codification of this chapter. The inclusion or exclusion of a law in this chapter is not an implication, inference, or presumption affecting the validity of that law. (5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(5) This chapter shall not affect any existing right, remedy, or defense. As to all such cases, the applicable laws in force at the adoption of this chapter shall continue in force and application. (c)(1) The classification and organization of this chapter, the parts, sub-parts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

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

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-49-171.70 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.70
Section 45-49-171.70 Immunity Form Civil or Criminal Liability
Status: in_force

Neither the county medical examiner nor any member of his or her staff, nor the Director of the Alabama Department of Forensic Sciences nor any member of the department’s staff or agents, shall incur any civil or criminal liability for the proper performance of their duties under this subpart.
Ala. Code § 45-49-201.41 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-201.41
Section 45-49-201.41 Establishment of Citronelle Branch Office
Status: in_force

In Mobile County, within the City of Citronelle, there is hereby established a branch office of the county license commissioner. The office created by this section shall be funded by monies from the county general fund and shall perform all functions and duties of the license commissioner, along with certain duties and responsibilities of other county officials.
Ala. Code § 45-1-10 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-10
Section 45-1-10 Disclaimer,
Status: reserved

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

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

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

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

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

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

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

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

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-31-240.20 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-240.20
Section 45-31-240.20 Transfer of Duties
Status: in_force

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

(b) All duties, responsibilities, and liabilities regarding motor vehicle assessment and ad valorem tax collection heretofore performed by the revenue commissioner shall be transferred to and shall be performed by the judge of probate.

(c) All duties, responsibilities, and liabilities regarding real property sales for failure to pay taxes and subsequent redemptions heretofore performed by the judge of probate shall be transferred to and shall be performed by the revenue commissioner.
Ala. Code § 45-42-243.01 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-243.01
Section 45-42-243.01 Applicability of State Provisions
Status: in_force

The taxes provided for in Section 45–42–243 shall be subject to all definitions, exceptions, proceedings, requirements, rules, regulations, provisions, penalties, fines, punishments, and deductions as are applicable to the state sales and use taxes levied under Act 100 1959 Second Special Session (Acts 1959, p. 298), and Article 11 of Chapter 20 of Title 51 of the Code of Alabama of 1940, as the article had been last amended on September 1, 1959, and as it existed on that date, except where inapplicable or where herein otherwise provided, all of which are adopted and made a part hereof by reference, including the provisions for the enforcement and collection of the taxes.
Ala. Code § 45-10-240 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-240
Section 45-10-240 Procedure for Selling and Redeeming Lands
Status: in_force

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

(b) The procedure for selling and redeeming lands for taxes in such county shall be the same as provided in Title 40, except that all such duties as are required of and are performed by the judge of probate shall be transferred to and be performed by the revenue commissioner of the county, and the judge of probate shall be relieved of all such duties.
Ala. Code § 45-27-84.03 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-84.03
Section 45-27-84.03 Procedures When Tribal Fugitive Under Criminal Prosecution
Status: in_force

If a criminal prosecution has been instituted under the laws of this state against a person demanded by the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the district attorney may either commence extradition or demand that the accused tribal fugitive be held until tried and discharged or convicted and any punishment served.
Ala. Code § 45-31-141.05 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-141.05
Section 45-31-141.05 Application of Election Laws
Status: in_force

The provisions of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at a general election shall apply to any election for a fire district.
Ala. Code § 45-8A-125 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-125
Section 45-8A-125 Regulation of Sale and Distribution of Alcoholic Beverages on Sunday
Status: in_force

(a) The voters of the City of Southside in Etowah and Calhoun Counties may authorize the sale of alcoholic beverages within the city on Sunday by an election pursuant to this section, in the following manner:

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

(b) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within the City of Southside on Sunday subject to regulation by the City Council? Yes ___ No ___.”

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

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

(e) Only qualified voters of the city may vote in the election. If a majority of the voters voting in the city election vote “Yes,” alcoholic beverages can be legally sold or dispensed within the corporate limits of the city on Sunday by licensees of the Alcoholic Beverage Control Board and the city. The city council may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverage sales.

(f) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Southside and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the City of Southside now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-49-240.60 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-240.60
Section 45-49-240.60 Creation of Office; Duties of Commissioner; Deputies; Clerks; Assistants
Status: in_force

(a)(1) Upon the expiration of the current terms of office of Tax Assessor and Tax Collector of Mobile County, or if a vacancy occurs in either office prior to the expiration of the current terms of office, there is hereby created the office of County Revenue Commissioner in Mobile County. In 1990, and each six years thereafter, persons shall seek office, qualify, and be elected for the county office of revenue commissioner. The revenue commissioner shall serve for a term of office of six years from the first day of the term next succeeding his or her election and until his or her successor is similarly elected, qualified, and takes office.

(2) Should either the offices of Tax Assessor or Tax Collector for Mobile County be vacated for any reason whatsoever between September 20, 1988, and September 30, 1991, this section 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. Vacancies occurring in the office of revenue commissioner shall be filled in the same manner as is provided by the general law for vacancies occurring for tax assessors and tax collectors.

(b) The county revenue commissioner shall do and perform all acts, duties, and functions heretofore required by law to be performed by the tax assessor and the tax collector of the county relative to the assessment of property for ad valorem taxation, the collection of such taxes, the keeping of records, and the making of reports concerning assessments for and the collection of taxes.

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

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

(e) The county commission shall provide the necessary offices for the county revenue commissioner in the courthouse, and shall provide all stationery, equipment, and office supplies as are needed for the efficient performance of the duties of the office.

(f) The county revenue commissioner shall collect and pay into the general fund of the county all fees, percentages, commissions, and other allowances which the tax assessor and the tax collector are now or hereafter by law authorized or directed to charge or collect for the performance of any duty imposed by law on any such officers and hereby transferred to and imposed on the county revenue commissioner.

(g) The offices of Tax Assessor and Tax Collector of Mobile County are hereby abolished effective on the first day that the newly created revenue commissioner takes office.

(h) It is the purpose of this section to conserve revenue and promote the public convenience in Mobile County by consolidating the offices of tax assessor and tax collector of such county into one county office pursuant to the authority of Amendment 411 to the Constitution of Alabama of 1901.
Ala. Code § 45-41-171 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-171
Section 45-41-171 Schedule of Fees; Rulemaking Authority; Disposition of Funds
Status: in_force

(a) The Board of Health of Lee County may annually fix a schedule of fees which shall cover the actual cost or a portion thereof 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.

(b) The Lee 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 documented 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 and receipts collected shall be paid over to the County Health Officer of Lee County and deposited in a depository of the county and shall be expended for the support, maintenance, and operation of the public health services in the county.

(d) Funds collected under this section may be utilized to match funds from other available sources.
Ala. Code § 45-26-71.02 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-71.02
Section 45-26-71.02 Taxation
Status: in_force

(a) The Elmore County Commission may, by affirmative vote of a majority of the members of the commission, exercise all powers of taxation not denied or limited by the Constitution of Alabama of 1901, or by general law. In the exercise of the taxing power, the commission may provide for the collection and enforcement of taxes not inconsistent with general law. The commission, however, shall not, under the authority granted in this section, levy a sales or use tax as defined in Chapter 23 of Title 40, nor a privilege or license tax on persons within the county engaged in the business of renting or furnishing a room or rooms, lodging, or accommodations.

(b) The Elmore County Commission, in the exercise of the taxing authority granted in subsection (a), shall provide for public notice and hearings as follows:

(1) The county commission shall hold an advertised public hearing on any tax proposed to be levied.

(2) The public hearing shall be advertised in each paper published in Elmore County for two consecutive weeks and the advertisement shall be completed at least two weeks prior to the meeting at which the county commission will vote on the levy of the tax.
Ala. Code § 45-8-240.31 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-240.31
Section 45-8-240.31 Delinquent Taxes Statement; List of Delinquent Properties; Newspaper Notice; Trial and Decree of Sale; Fees; Reports
Status: in_force

(a) After the first day of January, the Tax Collector of Calhoun County shall mail a statement to all delinquent taxpayers addressed to the party in whose name the property was assessed, showing a brief description of the property, and the amount of taxes, fees, and cost due. It shall be the duty of such party to pay the taxes and fees assessed and charged against the property. The failure to comply with the requirement of this section, or the failure to receive the statement shall not invalidate a sale of the property for taxes, nor invalidate the title of any property sold for taxes.

(b)(1) Within the time allowed by law, it shall be the duty of the tax collector to furnish the judge of probate a list of all property on which the entire amount of taxes have not been paid, which list shall show the name of the person to whom the property was assessed. The tax collector shall certify the amount of taxes, fees, and cost due on each parcel so listed and the parcel number as appears on the records of the tax assessor, but not the precinct in which the property is located. On receiving the list, the judge of probate shall, as speedily as practicable, give notice by publication one time, one week in a newspaper published in Calhoun County substantially in the following form:

“The State of Alabama, Calhoun County, To whom it may concern: Take notice that the tax collector has filed in my office a list of delinquent taxpayers, and the real estate upon which taxes are due and therein reported that taxes on certain real estate assessed to the following named parties is delinquent (here insert names of delinquent taxpayers). This is to notify you to appear before the probate court of this county at the next term thereof, commencing on Monday, the ___ day of __________, 2___, then and there to show cause; if any you have, why a decree of sale of the real estate should not be made for the payment of the taxes, fees, and cost assessed upon each piece or parcel of land. (Signature of judge of probate), Judge of Probate.”

(2) In answer to the notice, any person having an interest in, or claim to the real estate, may appear and defend against the proceedings seeking to condemn it to sale for the payment of taxes assessed. When practicable, all real estate so assessed for any one year shall be incorporated in one notice.

(c)(1) The cause shall be triable at the term named in the notice; and unless the cause is contested at the trial term, the judge of probate shall issue his or her decree for the sale of lands. It shall be the duty of the tax collector to attend the several terms of the probate court at which any of the causes are triable, and to have with him or her the list. In all cases, the tax list shall be accepted as prima facie evidence of the amount of taxes and fees due, and that the same have been properly assessed and charged, and are unpaid. Upon a trial of the cause if no defense is interposed or if interposed and on trial thereof is not sustained by the evidence adduced, the judge of probate shall make and enter a decree of sale substantially in the following form:

“It appearing to the court that the taxes have been assessed against the real estate mentioned in this cause in the amount set opposite each piece or parcel of real estate described herein, and that the same is still due and unpaid and it further appearing that notice of these proceedings has been given as required by law and no valid defense has been interposed against the sale of the real estate for the payment of the taxes. It is therefore ordered, adjudged, and decreed by the court that the State of Alabama. Calhoun County, and any municipality in which the property is located, has a lien for the payment of the amount of taxes set opposite each piece or parcel of real estate together with interest at the rate of 12 percent on said sum from __________ (the date the taxes became delinquent), and for the additional sum of fees, charges, and cost in the cause in the amount set opposite each piece or parcel of real estate in a column marked ‘fees and cost’ on the real estate mentioned in this cause. It is further ordered, adjudged, and decreed that the real estate be sold for the payment of the delinquent taxes, and of the fees, charges, and cost, and expense of such sale.”

(2) When entered, the decree shall be signed by the judge of probate and shall have, when the jurisdiction of the court is shown, the effect of judgment in other cases in courts of record and shall have the same force and effect had the judgment been entered against each piece or parcel of real estate described therein. Any person having any interest in any piece or parcel of property ordered to be sold, shall have the right to appeal from the judgment in the manner now provided for by law in appealing from a decree ordering a sale of property for taxes, on any piece of property so ordered to be sold. Immediately at the end of any term of court at which any decree for sale of real estate for the payment of taxes is rendered, or as soon as practicable, the tax collector shall proceed to enforce the decree by sale of the real estate ordered to be sold, and to this end shall give notice for 30 days before the day of sale by publication, once a week, for three consecutive weeks in some newspaper published in the county, that at the time specified therein he or she will proceed to sell the real estate separately, describing the portions referred to in the decree and stating the amount for which each parcel of real estate is to be sold and against whom assessed and the amount of taxes, fees, charges, and cost against each piece or parcel of property. For notice to each delinquent property owner to show cause why a decree of sale should not be rendered against the property assessed to him or her, the judge of probate is entitled to a fee of fifty cents ($.50), and the tax collector shall be entitled to a fee of five dollars ($5) for making the sale against each person whose property was sold for taxes, and the judge of probate shall be entitled to a fee of fifty cents ($.50) for confirming and making a report of the sale, but no other fee shall be charged by the tax collector or judge of probate. In the discretion of the tax collector, the fees shall be charged against the highest assessed piece or parcel of the taxpayer or against his or her home place. The judge of probate shall confirm and make a report of the sale to the state as now required by law except that he or she shall not be required to report the amount of state, county, municipal, or special district school taxes due on each parcel of land, provided he or she furnishes the parcel numbers which parcel number shall clearly indicate in which district or municipality each piece or parcel of land is located, and its rate of taxation.
Ala. Code § 45-3-242.02 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-242.02
Section 45-3-242.02 Deputies, Clerks, and Assistants
Status: in_force

When approved by the county commission, the revenue commissioner may appoint and fix the duties and compensation of a sufficient number of deputies, clerks, and assistants to adequately perform the duties of the office. The acts of deputies shall have the same force and legal effect as if performed by the revenue commissioner.
Ala. Code § 45-16-10 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-10
Section 45-16-10 Disclaimer
Status: reserved

(a) This chapter endeavors to add to the Code of Alabama 1975, all Coffee County local laws enacted after 1978 and all Coffee 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 § 45-46-233.21 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-233.21
Section 45-46-233.21 Salary; Funding
Status: in_force

Each such supernumerary sheriff shall serve for life and receive from the county governing body in equal monthly installments, on the first of each month, an annual salary of 50 percent of the salary of the current Sheriff of Marengo County, which shall be adjustable in like manner with any salary increase the current sheriff shall receive. For every year served as sheriff over 16 years the salary of the supernumerary sheriff shall increase by two percent of the sheriff’s salary at the time he or she ceased to serve as sheriff up to a maximum of 62 percent of such salary. The tax collector, if there is a supernumerary sheriff in Marengo County, shall out of the first money collected by him or her pay to the county governing body the sum which shall be paid to the supernumerary sheriff as heretofore set forth. The sum shall be deducted on a pro rata millage basis from payments to the state, county, and all subdivisions and agencies thereof except municipalities to which the person collecting ad valorem taxes is charged with distributing of ad valorem taxes collected under the law. Should such supernumerary sheriff die or otherwise become disqualified as such supernumerary official, any money remaining in such fund shall be refunded to the person by whom it was paid to the county and he or she shall distribute the money refunded to him or her to the state, county, and other subdivisions and agencies on the same pro rata millage basis that it was originally withheld.
Ala. Code § 45-37-243.07 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-243.07
Section 45-37-243.07 Violations; Contraband Beverages
Status: in_force

Among others the following acts and omissions shall be unlawful:

(1) It shall be unlawful for any person to sell, offer for sale, or deliver within any county subject to this subpart any alcoholic, spirituous, vinous, or fermented liquor on which the license tax herein levied has not been paid.

(2) The judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties, his or her agent, or any peace officer of the county shall have authority to seize without warrant any and all alcoholic, spirituous, vinous, or fermented liquors which are on hand for or are being sold in any place operating without a license from the Alabama Alcoholic Beverage Control Board or any such beverages on which the license tax levied by this subpart has not been paid including the containers or packages in which such alcoholic, spirituous, vinous, or fermented liquors are found in the possession of any person violating this subpart or reasonable rules and regulations adopted hereunder by the board of revenue, county commission, or like governing body of such counties, and such alcoholic, spirituous, vinous, or fermented liquor in the possession of such persons are hereby declared to be contraband goods, and, upon such confiscation, shall be delivered to the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties for sale, at public auction, to the highest bidder after due advertisement by posting a notice as hereinafter provided: The judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties may deliver such alcoholic, spirituous, vinous, or fermented liquor to the county purchasing agent or similar officer to be sold at public auction as herein provided. The proceeds of the sale of any such alcoholic, spirituous, vinous, or fermented liquor sold hereunder, after paying all costs, shall be disbursed by the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties as provided in Section 45-37-243.09. The arresting officer or person making the seizure shall proceed as follows: First he or she shall cause a list, containing a particular description of the alcoholic, spirituous, vinous, or fermented liquor seized, showing the quantity of each brand, the size and kind of containers of each brand, the date or dates on which confiscated, and the person or persons from whom confiscated, to be prepared in duplicate. The officer or person shall proceed to post a notice for two weeks in writing at two places in the county that the seizure was made, describing the alcoholic, spirituous, vinous, or fermented liquor, the quantity of each brand, the size of containers of each brand stating the time and place and cause of their seizure, and requiring any person claiming them to appear and make such claim within 30 days from the date of the first posting of such notice. Second, any person claiming the liquors so seized as contraband within the time specified

in the notice, may file with the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties a claim in writing stating his or her interest in the articles seized, and shall execute a bond to the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties in the penal sum equal to double the value of the alcoholic, spirituous, vinous, or fermented liquor so seized, but in no case shall the bond be less than the sum of two hundred dollars ($200), with sureties to be approved by the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties, conditioned that in the case of condemnation of the alcoholic, spirituous, vinous, or fermented liquor, the obligor shall pay to the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties the full value of the alcoholic, spirituous, vinous, or fermented liquor so seized and all costs and expenses of the proceeding to obtain such condemnation, including a reasonable attorney’s fee. Upon the delivery of such bond to the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties, he or she shall transmit the same with the duplicate list or description of the alcoholic, spirituous, vinous, or fermented liquor so seized to the county attorney, if there be one in such county or to the solicitor of the county, and the county attorney or solicitor shall file a bill in the circuit court in equity to secure the forfeiture of the alcoholic, spirituous, vinous, or fermented liquor and the bottles and containers in which seized. Upon filing the bond as aforesaid, the alcoholic, spirituous, vinous, or fermented liquor shall be delivered to the claimant pending the outcome of the case; provided, however, the proper license tax shall be paid by the claimant before the alcoholic, spirituous, vinous, or fermented liquor are delivered by the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties. Third, if no claim is interposed or no bond given within the time above specified, such alcoholic, spirituous, vinous, or fermented liquor shall be forfeited without further proceedings; and the same shall be sold as herein provided. The proceedings against such alcoholic, spirituous, vinous, or fermented liquor pursuant to this subsection shall be considered as proceedings in rem.
Ala. Code § 45-8-200.14 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-200.14
Section 45-8-200.14 Powers and Duties of County License Inspectors Transferred
Status: in_force

On and after the termination of the services of any county license inspector now in office in any county in which this part applies, the commissioner of licenses shall perform all duties required by law of a county license inspector and no county license inspector shall be appointed as authorized in Section 40-12-10. The commissioner of licenses, his or her deputy commissioner and such other assistants as are duly authorized by him or her shall have authority and execute all citations, writs and other processes that a county license inspector is authorized to execute. All the duties imposed upon a county license inspector as authorized by Section 40-12-10 shall be performed by the commissioner of licenses or his or her authorized agents. While performing the duties of a county license inspector required by this part the commissioner of licenses shall be entitled to receive all the fees, citations, costs, penalties, commissions, and other charges now or hereafter authorized by law to be collected by a county license inspector, and he or she shall also be entitled to receive the 15 percent penalty now required to be paid by delinquents on taking out licenses, and any other penalties that may hereafter be imposed upon the delinquent license taxpayers and all such monies collected shall be paid into the general fund of the county.
Ala. Code § 45-37A-251.56 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-251.56
Section 45-37A-251.56 Subpart Cumulative in Nature
Status: in_force

This subpart shall be cumulative in its nature, and in addition to any and all power and authority which the city may have under any other law.
Ala. Code § 45-47-244.28 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-244.28
Section 45-47-244.28 Charge for Collection
Status: in_force

The State Department of Revenue shall charge Marion County for collecting the special taxes herein levied by this subpart, the cost of making such collections which charge shall not exceed five percent of the amount collected. Such charge may be deducted once each month from the special sales and use taxes collected before certifying the amount of special taxes due Marion County. The Commissioner of Revenue shall pay into the State Treasury all taxes collected under this subpart, as such taxes are received by the State Department of Revenue; and on or before the tenth day of each successive month, commencing with the month following the month in which the department makes the first collection hereunder, the commissioner shall certify to the Comptroller the amount of taxes collected under this subpart and paid by him or her into the State Treasury for the benefit of Marion County during the month immediately preceding the making of such certificate. Provided, however, that before certifying the amount of the taxes paid into the State Treasury for the benefit of Marion County during each month, the commissioner may deduct from the taxes collected in the month the charges due the department for the collection of the taxes for the county. It shall be the duty of the Comptroller to issue his or her warrant each month payable to Marion County in an amount equal to the amount so certified by the Commissioner of Revenue as having been collected for the use of Marion County.
Ala. Code § 45-49-150.10 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-150.10
Section 45-49-150.10 Recordkeeping
Status: in_force

Each bingo permit holder shall maintain the following records pertaining to each and every session of bingo:

(1) The total number of bingo players at each bingo session as deter- mined by the beginning and ending numbers of the entertainment fee receipts for each and every session of bingo.

(2) An itemized list of the gross receipts for each session of bingo to include the amount of money or prizes given away for each and every game at each session of bingo.

(3) An itemized list of all expenses including the name of each person or company to whom the expenses are paid, the check number, and a receipt or invoice for all expenses.

(4) An itemized list of the disbursement of all profits obtained from each bingo session showing amounts, method of payment, and to whom and by whom paid.
Ala. Code § 45-36-172.02 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-172.02
Section 45-36-172.02 Powers and Duties
Status: in_force

The Guntersville Reservoir Aquatic Plant Management Board of Jackson County shall develop and, to the extent feasible using available funding, implement an aquatic plant management program in the waters of Lake Guntersville in Jackson County. The program shall address both short term and long term plant management goals balancing the need for controlling invasive aquatic plants with available funding. In order to carry out its duties, the board shall have authority to do any of the following:

(1) Receive funds from federal and state governments or any private or public entity, in the form of grants, appropriated funds, private, corporation, or foundation contributions, or from any other source.

(2) Disburse funds in the form of grants or subsidies or contract with persons or entities for the purpose of managing invasive species of aquatic vegetation in Lake Guntersville in accordance with state and federal law.

(3) Using available funds, employ or contract with a person or persons to administer and oversee the day-to-day operations of the aquatic plant management program.

(4) Merge with a similar entity in an adjoining county by mutual agreement.
Ala. Code § 45-51A-32.122 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.122
Section 45-51A-32.122 Political Activities
Status: reserved

REPEALED BY ACT 2024-337, EFFECTIVE JANUARY 1, 2025.
Ala. Code § 45-17A-83.11 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-83.11
Section 45-17A-83.11 Water, Sewer, Gas, and Other Utility Systems
Status: in_force

All revenues generated from the sale of water and gas, or received in any way from the use of the water, sewer, and gas systems shall be deposited in board approved accounts. Payment shall be made to the City of Tuscumbia as follows: Thirty cents ($0.30) per thousand gallons of gross sales of water; and, 7.4 percent of the plant value of the gas system, but not to exceed 4.5 percent of the gross sales of gas. The required payments to the City of Tuscumbia shall be made monthly and adjusted annually based on the required audit of each system.
Ala. Code § 45-35-83.22 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83.22
Section 45-35-83.22 Probate Transaction Fee
Status: in_force

(a)(1) The judge of probate shall collect a probate transaction fee in the amount of five dollars ($5) for each probate transaction that involves probate court, recording, licenses, or tags.

(2) The probate transaction fee may not apply to tag transfers and replacement transactions.

(3) The probate transaction fee shall be in addition to any other fees authorized by law.

(b) The probate transaction fees collected shall be distributed as follows:

(1) One dollar ($1) of each five dollar ($5) fee shall be paid into a special fund to be used for the operation of the office of the judge of probate.

(2) One dollar ($1) of each five dollar ($5) fee shall be paid into a special fund to be used for the operation of the office of the sheriff.

(3) The remainder of the proceeds from the fees shall be deposited into the county general fund.
Ala. Code § 45-8-173.02 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-173.02
Section 45-8-173.02 Report of Income and Expenditures
Status: in_force

The Calhoun-Cleburne Mental Health Board, Inc., shall provide the Calhoun County Judge of Probate, the Calhoun County Sheriff, and the Chair of the Calhoun County Commission, no later than November 1 of each calendar year, a written report of all income received under this part and the itemized expenditures of the income so received for the preceding fiscal year of from October 1 to the following September 30.
Ala. Code § 45-55-81.40 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.40
Section 45-55-81.40 Assessment and Collection of Motor Vehicle Taxes
Status: in_force

The Judge of Probate of Pike County shall perform all duties relative to the assessment and collection of taxes on motor vehicles in Pike County which the revenue commissioner or tax collector and tax assessor are required under the general law to perform. The revenue commissioner or tax assessor and tax collector shall be relieved of all duties and responsibilities relative to the assessment and collection of taxes on motor vehicles, and the judge of probate shall have all duties and responsibilities relative to the assessment or collection of taxes and issuance of motor vehicle licenses. For purposes of this subpart, the term motor vehicle shall mean the same as defined in Article 5, commencing with section 40–12–240, Chapter 12, Title 40, as amended.
Ala. Code § 45-19-70.09 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-70.09
Section 45-19-70.09 Duties of Commission Members
Status: in_force

Each member of the county commission shall inspect the roads and bridges of his or her district, from time to time, hear the suggestions and complaints of the citizens, and report the suggestion or complaint to the county commission with his or her recommendations. The members of the county commission shall also assist in securing right-of-way and assist in public relations generally.
Ala. Code § 45-44-72.04 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-72.04
Section 45-44-72.04 Powers and Duties of Commissioners
Status: in_force

Each member of the county commission may inspect the roads and bridges of his or her district from time to time. The members of the county commission may also assist in securing right-of-way and assist in public relations generally. Each member of the county commission may elect to direct a crew to maintain the unpaved roads in his or her district and to address the complaints and concerns of the citizens of his or her district. The personnel and equipment for any such crew shall be determined by the county commission in session, and the expenses for any crew shall come out of the overall budget for the construction, maintenance, and repairs of the county roads, bridges, and ferries of Macon County. Any commissioner electing to direct a crew shall be the custodian and accountable to the county commission for all road machinery, equipment, tools, supplies, and repair parts owned by Macon County and used by his or her crew. The county commission shall establish necessary policies and regulations governing accountability for the county owned equipment. Request for requisitions for all materials, machinery, equipment, and supplies necessary for the operation of any crew shall be routed through the county engineer, or presented to the commission in session.
Ala. Code § 45-29-71.11 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-71.11
Section 45-29-71.11 Duties of Commissioners
Status: in_force

It shall be the duty of each member of the county commission to inspect the roads and bridges of his or her district from time to time and hear the suggestions and complaints of the citizens, and report the complaint to the county commission with his or her recommendations. The members shall also assist in securing rights-of-way and assist in public relations generally.
Ala. Code § 45-7-130.11 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-130.11
Section 45-7-130.11 Employment of Road Supervisor in Emergency
Status: in_force

In the event of an emergency in which it would be impossible for the commission to employ an engineer, the commission shall employ a competent road supervisor who need not be an engineer, but, when so employed shall have all the duties and authority of the engineer, and be subject to this act. An emergency employment of a competent road supervisor shall not exist longer than necessary to employ a qualified engineer who will accept employment by the commission under the terms of this article. It is the intention of this article to provide that when county roads, bridges, and ferries are to be maintained or constructed in the county, the supervision thereof shall be under a qualified engineer.
Ala. Code § 45-48-230 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-230
Section 45-48-230 Employees; Feeding Prisoners
Status: in_force

(a) The Sheriff of Marshall County may employ, subject to the approval of the county commission and within the budget of the sheriff’s office as provided by the county commission, employees necessary to carry out the purposes of the office.

(b) The Sheriff of Marshall County shall be entitled to receive the allowance provided for by Sections 14-6-42 and 14-6-43, as amended, for the feeding of prisoners in the county jail, and for preparing and serving such food. On or before the tenth day of each month the sheriff of the county shall furnish to the governing body of the county, and to the State Department of Finance and to the State Department of Corrections, an itemized statement, verified by name, race, and sex, the offense charged, authority for committing, disposition of prisoner, if sentenced, date sentenced, date discharged, and the number of days in jail. The sheriff shall also set out the amount of money actually expended for purchasing and supplying of all foodstuff for feeding prisoners during the month immediately preceding.
Ala. Code § 45-25-242.01 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.01
Section 45-25-242.01 Levy of Tax
Status: in_force

The governing body of DeKalb County, Alabama, may impose an excise tax of not exceeding one cent ($0.01) per gallon on persons, corporations, copartnerships, companies, agencies, or associations engaged in the business of selling, distributing, storing, or withdrawing from storage for any purpose whatever, gasoline or other liquid motor fuels or devices or substitutes therefor in DeKalb County, Alabama, and to require every distributor, retail dealer, or storer of gasoline as herein defined to pay excise tax of one cent ($0.01) per gallon upon the selling, distributing or withdrawing from storage for any use, gasoline as herein defined in DeKalb County, Alabama; provided that the excise tax levied by this subpart shall not be levied upon the sale of gasoline in inter state commerce, and provided further that if the excise tax imposed by this subpart upon the sale of such gasoline shall have been paid by a distributor or by retail dealer or storer, such payment shall be sufficient, the intention being that the tax shall not be paid but once. The excise tax imposed by this subpart shall apply to persons, firms, corporations, dealers, or distributors storing gasoline and distributing same or allowing the same to be withdrawn from storage, whether such withdrawal be for sale or other use, provided that sellers of gasoline and its substitutes paying the tax herein provided may pay the same computed and paid on the basis of their sales as hereinafter required, and storers and distributors shall compute and pay such tax on the basis of their withdrawals or distributions. The tax herein provided for shall be in addition to any and all excise or other taxes imposed on gasoline, naptha and other liquid motor fuels or any device or substitute therefor, or on the business of selling, distributing, storing, or withdrawing from storage for any purpose, gasoline as herein defined; however, the governing body of the county shall have no authority to levy any tax upon any gasoline as herein defined when used in essential governmental functions by the State of Alabama or any agency thereof, or county governing agencies, municipalities, and boards of education.
Ala. Code § 45-8-71.01 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-71.01
Section 45-8-71.01 Development or Disposal of Fort Mcclellan Property
Status: in_force

(a) Calhoun County, Alabama, may take title as a result of conveyance from the federal government to any property within the current boundaries of Fort McClellan in Calhoun County, Alabama, for purposes of developing or redeveloping and disposal of the property according to plans and policies established by the Fort McClellan Development Commission provided for in Act 97-274 of the 1997 Regular Session and hereinafter referred to as the FMDC. The county commission shall administer all funds and fiscal operations associated with the development and redevelopment and disposal of the property and shall be reimbursed from the funds for actual expenses associated with administering the fiscal operations, and shall receive all amounts allowed, pursuant to any grant received, for administration.

(b)(1) As a condition precedent to accepting a conveyance of title to the Fort McClellan property, the Calhoun County Commission shall secure if possible a written agreement from the federal government under which Calhoun County would be indemnified for any costs required to clean up or otherwise alleviate any environmental problem on the property.

(2) Notwithstanding the provisions of subdivision (1), Calhoun County may refuse to take title to or control of any tract, parcel, or portion of any property with an environmental problem, or possible environmental problem, and may take title to other tracts, parcels, or portions of the property.

(c) The FMDC, and each of its officers, employees, servants, and agents, and each member of its board, shall be immune from suit, and not subject to civil liability, and shall not be liable for any tort, arising from or due to the conduct of the affairs of the FMDC pursuant to Act 97-274 of the 1997 Regular Session of the Alabama Legislature, or as that act may from time to time be amended or modified.

(d) The FMDC shall recommend the policy for the development and redevelopment of the Fort McClellan property and shall inform the Calhoun County Commission of the policy and the estimated cost of implementing the policy. The FMDC shall make recommendations to the Calhoun County Commission as to the implementation of the policy and how the policy may be carried out within available funds for the development and redevelopment of Fort McClellan. The Calhoun County Commission may deviate from the FMDC recommended policies only for clear and compelling reasons associated with fiscal responsibility. Any and all accounting and fiscal management practices shall rest solely with the Calhoun County Commission. Any utility facilities currently owned by the federal government on the former federal property (Fort McClellan) may be owned, leased, and otherwise disposed of by Calhoun County.

(e) The City of Anniston shall provide city services and implement zoning for the property consistent with the FMDC redevelopment plan and state law. The county shall enter into agreements with the City of Anniston and the Water and Sewer Board of the City of Anniston for the provision of services in furtherance of the developing and redeveloping, and disposal of property pursuant to this section and consistent with the FMDC redevelopment plan and state law.

(f) Any municipality that extends its corporate limits within any federal property shall not extend its police jurisdiction beyond its corporate limits.

(g) The Calhoun County Commission, all municipalities within Calhoun County, all elected state and federal officials, and the FMDC shall work together to secure and use any available private and public grant funds for the development and redevelopment of Fort McClellan property.

(h) If any of the Fort McClellan federal property is annexed to any municipality, the annexing municipality shall assume all rights, duties, authority, and liability associated with the annexed area. The annexed property shall be zoned so that its use shall be consistent with the FMDC plan.

(i) Nothing in this section shall be construed to prohibit the Calhoun County Commission and the City of Anniston from entering into an intergovernmental agreement to form a joint powers authority consistent with state law for the purpose of assisting with the development of the Fort McClellan property.
Ala. Code § 45-57A-61 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-61
Section 45-57A-61 Board Name and Composition
Status: in_force

(a) An elected board of education for Phenix City shall be established. The board shall be called The Phenix City Board of Education. The board shall be composed of seven members, with two members being elected from each of the three city council districts by a majority of the qualified electors voting who reside in the district, and one member being elected from the city at-large.

(b) Candidates for each place on the board of education shall run for a place to be designated and numbered as follows:

(1) Board Member, District 1, Place 1.

(2) Board Member, District 1, Place 2.

(3) Board Member, District 2, Place 1.

(4) Board Member, District 2, Place 2.

(5) Board Member, District 3, Place 1.

(6) Board Member, District 3, Place 2.

(7) Board Member, At–Large.

(c) A candidate running for election to the board of education shall specify which place on the board for which he or she seeks election.
Ala. Code § 45-37-140.09 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-140.09
Section 45-37-140.09 Board of Trustees
Status: in_force

(a) The affairs and business of the district shall be managed by a board of trustees consisting of five members appointed by the governing body of the county. No person shall be appointed to the board unless he or she is a qualified elector of the district. Appointment shall be for a term of five years provided, however, that to stagger the terms one of the five members first appointed shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years, one shall be appointed for a term of four years, and one shall be appointed for a term of five years.

(b) The board of trustees shall elect annually from its own number a president and a secretary. The members of the board of trustees shall not be entitled to any compensation for their services; but they shall be entitled to reimbursement for all expenses incurred by them in the performance of their duties.
Ala. Code § 45-19-245 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-245
Section 45-19-245 Levy and Collection of Tax; Disposition of Funds
Status: in_force

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

(1) Five cents ($0.05) for each package of cigarettes made of tobacco or any substitute therefor.

(2) Two cents ($0.02) for each cigar of any description made of tobacco or any substitute therefor, with the exception of the cigarette sized or near cigarette sized cigars which may be taxed at the same rate as cigarettes under subdivision (1).

(3) Two cents ($0.02) for each sack, can, package, or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which are prepared in such manner as to be suitable for smoking in a pipe or cigarette.

(4) Three cents ($0.03) for each sack, plug, package, or other container of chewing tobacco, which tobacco is prepared in such manner as to be suitable for chewing only and not suitable for smoking as described in subdivision (3).

(5) Three cents ($0.03) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor. The privilege, license, or excise tax shall be in addition to all other federal, state, or local taxes heretofore imposed by law. Provided, however, when the license tax hereby required to be paid shall have been paid by a wholesaler or seller of cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, such payment shall be sufficient, the intent being that such license tax hereby required to be paid shall be paid but once on each package of cigarettes and on each cigar.

(6) Fifteen cents ($0.15) for each package of tobacco paper, both gummed and ungummed.

(b) Upon adoption of a resolution by the Coosa County Commission, every person, firm, corporation, club, or association that sells, stores, or receives for the purpose in Coosa County, any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products shall add the amount of the license or privilege tax levied and assessed herein to the price of the cigarettes, cigars, snuff, and smoking tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, who sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, and smoking tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products.

(c) It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Coosa County in the business for which the tax is hereby levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax herein provided or to refund or offer to refund all or any part of the amount collected or absorb or advertise directly or indirectly the absorption of the tax or any portion thereof. Any person, firm, corporation, club, or association violating this subsection shall be fined not more than one hundred dollars ($100) or imprisoned in the county jail for not more than 60 days, or by both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense.

(d) The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 through Section 40-25-28. The State Department of Revenue shall have the same duties relative to the preparation and sale of stamps to evidence the payment of such tax that it has relative to the preparation and sale of stamps under those sections and may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax hereby levied that it does relative to the collection of that tax.

(e) The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this section. All such rules and regulations duly promulgated shall have the force and effect of law.

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

(g) The proceeds from the tax hereby authorized, less the actual cost of collection not to exceed five per centum, shall be paid by the State Department of Revenue to the Coosa County Commission to be distributed as follows:

(1) Seven thousand five hundred dollars ($7,500) per year shall be distributed to the Coosa County General Fund.

(2) The remaining proceeds shall be distributed equally to certified volunteer fire departments.
Ala. Code § 45-42-200.07 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.07
Section 45-42-200.07 Recordkeeping
Status: in_force

The county license commissioner shall keep at all times an accurate record of all licenses received by him or her from the Comptroller and of the disposition made of them, and of all monies received, licenses issued by him or her, and make report thereof to the Comptroller at the same time and in the same manner that the judges of probate are required to do under the general law. All unissued licenses and the stubs or duplicates or carbon copies of licenses issued shall be accounted for in the same manner that judges of probate are required by law to account for such.
Ala. Code § 45-30-82.23 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-82.23
Section 45-30-82.23 Official Record of Instruments
Status: in_force

Following the effective installation date, real property instruments, personal property instruments, and other documents and records provided herein to be recorded, archived, and retrieved with computer-generated files, to be stored and filed on either optical disk, or on paper, as seen fit by county, and shall constitute the official record of the instruments for the purpose of Section 12-13-43.
Ala. Code § 45-51-84.47 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-84.47
Section 45-51-84.47 Control and Audit of Fees; Availability of Records
Status: in_force

The fees collected pursuant to this subpart shall be controlled by the sole discretion of the judge of probate and shall be audited by the Department of Examiners of Public Accounts. Records of the expenditures shall be open to the public on a continuous basis. All costs of the audit shall be paid from the fees collected.
Ala. Code § 45-3-244.04 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-244.04
Section 45-3-244.04 Rules and Regulations
Status: in_force

The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this subpart. All such rules and regulations duly promulgated shall have the force and effect of law.
Ala. Code § 45-37A-56.25 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56.25
Section 45-37A-56.25 Execution and Recording of Certificate of Incorporation
Status: in_force

The certificate of incorporation of the authority shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds and shall have attached thereto a certified copy of the resolution provided for in Section 45-37A-56.23 and a certificate by the Secretary of State that the name proposed for the authority is not identical to that of any other corporation organized under the laws of the state or so nearly similar thereto as to lead to confusion and uncertainty. The certificate of incorporation of the authority, together with the documents required by the preceding sentence to be attached thereto, shall be filed for record in the office of the judge of probate of the county in which the principal office of the authority shall be located. The judge of probate shall forthwith receive and record the same. When such a certificate of incorporation and attached documents have been so filed, the authority referred to therein shall come into existence and shall constitute a public corporation under the name set forth in such certificate of incorporation, whereupon the authority shall be vested with the rights and powers herein granted.
Ala. Code § 45-48-142.21 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-142.21
Section 45-48-142.21 Establishment of Volunteer Fire Districts
Status: in_force

The Marshall County Commission may establish one or more volunteer fire districts within the geographic boundaries of the county. No land lying within the boundaries of a municipality at the time a district is formed shall be included in a district unless the municipality adopts a resolution to be included in a district. Nothing in this subpart shall be construed to limit or impede the rights or ability of a municipality to provide fire protection within its corporate limits or its police jurisdiction.
Ala. Code § 45-52-243.27 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-243.27
Section 45-52-243.27 Delinquency in Payment of Tax
Status: in_force

If any distributor, storer, or retail dealer in gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax imposed under authority of this subpart, the tax shall be deemed delinquent within the meaning of this subpart and there shall be added to the amount of his or her tax a penalty of 25 percent, provided, if in the opinion of the Morgan County Commission a good and sufficient cause or reason is shown for the delinquency, the penalty may be remitted. The Morgan County Commission shall be authorized and empowered to make returns for delinquent taxpayers upon such information as it may reasonably obtain and add to that the penalty as prescribed by this subpart. If any person shall be delinquent in the payment of any tax imposed pursuant to this subpart, the Morgan County Commission shall issue execution for the collection of the same, directed to the county sheriff, who shall proceed to collect the same in the manner now provided by law for the collection of delinquent taxes by the county tax collector and make return of such execution to the Morgan County Commission. The tax herein authorized to be levied and the penalties herein provided for shall be held as a debt payable to the county by the person against whom the same shall have been imposed or against whom the penalties shall have accrued, and all such taxes and penalties shall be a lien upon the property in the county and elsewhere in this state of the person against whom the tax shall have been imposed and the penalties shall have accrued.
Ala. Code § 45-37A-50.06 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-50.06
Section 45-37A-50.06 Vacancies
Status: in_force

A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. If the vacancy is not filled by the remaining members of the board of education within 30 days, the chair, or the vice chair in the absence of the chair, shall notify the Birmingham City Council which shall fill the vacancy by appointment by a majority of the members of the city council for the unexpired term. If the vacancy is not filled by the city council within 30 days after notification, the local superintendent of education shall notify the State Superintendent of Education who shall fill the vacancy by appointment for the unexpired term. A person filling a vacancy on the board of education shall reside in the district which the vacating member represented. The provisions of Section 45-37A-50.05 apply only when one year or less remains in the unexpired term. Otherwise a special election shall be called as provided by state law.
Ala. Code § 45-51A-33.125 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.125
Section 45-51A-33.125 Budget Message
Status: in_force

The budget message shall contain the recommendations of the mayor concerning the fiscal policy of the city, a description of the important features of the budget plan, an explanation of all salient changes in each budget submitted, as to estimated receipts and recommended expenditures as compared with the current fiscal year and the last preceding fiscal year and a summary of the proposed budget showing comparisons similar to those required by Section 45-51A-33.123.
Ala. Code § 45-23A-91.04 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.04
Section 45-23A-91.04 Procedure to Incorporate; Contents and Execution of Certificate of Incorporation
Status: in_force

(a) Within 40 days following the adoption of the authorizing resolution the applicants shall proceed to incorporate the authority by filing for record in the office of the Judge of Probate of Dale County a certificate of incorporation which shall comply in form and substance with this section and which shall be in the form and executed in the manner herein provided.

(b) The certificate of incorporation of the authority shall state all of the following:

(1) The names of the persons forming the authority, and that each of them is a duly qualified elector of the city.

(2) The name of the authority, which shall be the “Ozark Downtown Redevelopment Authority.”

(3) The period for the duration of the authority (if the duration is to be perpetual, subject to Section 45-23A-91.19, that fact shall be stated).

(4) The name of the city together with the date on which the governing body thereof adopted the authorizing resolution.

(5) The location of the principal office of the authority, which shall be within the corporate limits of the city.

(6) That the authority is organized pursuant to this part.

(7) Any other matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with this part or with the laws of the state.

(c) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it a copy of the application as filed with the governing body of the city in accordance with Section 45-23A-91.03, and a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Ala. Code § 45-46-90.09 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-90.09
Section 45-46-90.09 Power to Contract
Status: in_force

As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any industrial or commercial facility, or port, dock, wharf, or related facilities owned by it, or any part or parts thereof, for the imposition and collection of reasonable fees, rents, tolls, and other charges for, and the promulgation of reasonable regulations respecting the use of any such facilities, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts, not inconsistent with this article for the protection of the bonds and other obligations being secured and the assurance that the revenues from such facilities will be sufficient to operate such system, maintain the same in good repair and in good operating condition, pay the principal of and the interest on any bonds payable from such revenues, and maintain such reserve as may be deemed appropriate for the protection of the bonds, the efficient operation of such facilities, and the making of replacements thereof and capital improvements thereto. Any contract pursuant to this section may be set forth in any resolution of the board authorizing the issuance of bonds or the assumption of obligations or in any mortgage, deed of trust, or trust indenture made by the authority hereunder.
Ala. Code § 45-36-252.02 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-252.02
Section 45-36-252.02 Amendment of Certificate of Incorporation
Status: in_force

(a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section.

(b)(1) The board of directors of the authority shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and which amendment may include:

a. A change in the name of the authority.

b. The addition to the service area of the authority of new territory lying within Jackson County.

c. Provisions for the operation of a system or facility the operation of which is not then provided for in the certificate of incorporation of the authority and which the authority is authorized by this part to operate.

d. Any matters which might have been included in the original certificate of incorporation.

e. Provisions for the addition to the service area of the authority of new territory lying outside Jackson County, together with the related provisions referred to in paragraphs a., b., c., and d. of subdivision (2).

(2) If any proposed amendment would add to the service area of the authority new territory any part of which lies within any county other than Jackson County, such proposed amendment shall include, in addition to a concise legal description of the proposed new territory and any other matters permitted by subdivision (1):

a. Provision for election of at least one director by the county commission of each county in which any part of the proposed new territory lies.

b. Provision for any change in the total number of directors that the board deems appropriate; provided, however, that in no case shall such total number of directors be less than three.

c. Provision for staggering the terms of office of the directors in the manner provided herein.

d. Any provision that the board deems appropriate for allocation of the assets of the authority, upon dissolution, among the counties in which the service area lies.

(3) If the proposed amendment makes provision for the operation of a system or facility not then provided for in the certificate of incorporation of the authority, such proposed amendment shall include, in addition to a concise legal description of the area or areas in which the authority proposes to render service from such system or facility, a provision for an appropriate change in the name of the authority.

(c) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the board shall file a written notice with the county commission of each county in which any part of the authority’s then existing service area lies and with the county commission of each county in which any part of the proposed new territory lies. Such notice shall:

(1) State, in the event that it is proposed to make provision for the operation of a system or facility not then provided for in the certificate of incorporation of the authority, that the authority proposes to render service from such a system or facility (which shall be named), contain a concise legal description of the area or areas in which the authority proposes to render the service provided for by such system or facility, and state that there is no public water system adequate to serve any area in which it is proposed that the authority shall render such service.

(2) State, in the event that it is proposed to add any new territory to the service area of the authority, that there is no public water system adequate to serve any new territory in which it is proposed that the authority shall render water service; provided, that in lieu of the statement required by the foregoing provisions of this subdivision, the application may state that the board of directors or similar managing body of the owner of the legal or equitable title to an existing public water system or garbage or sewer service, as the case may be, has adopted a resolution declaring its intention to convey to the authority its interest in such existing system or facility, or both, or a leasehold estate therein.

(3) State that the amendment shall promote the public health, convenience, and welfare.

(4) If the proposed amendment provides for a change in the name of the authority, there shall be filed, together with the certificate required by the immediately preceding sentence, a certificate by the Secretary of State showing that the proposed new name of the authority is not identical to that of any other corporation then in existence and organized under the laws of this state or so nearly similar to that of any other such corporation as to lead to confusion and uncertainty.

(d) The judge of probate shall promptly examine each such certificate and shall determine whether it is complete and regular on its face and whether the proposed amendment complies with this part. If the judge of probate shall find that each such certificate is complete and regular on its face and that the proposed amendment complies with this part, he or she shall enter and sign an order setting forth his or her finding and requiring each such certificate to be recorded, together with his or her order. Upon the filing for record of the order and each such certificate, the amendment to the certificate of incorporation shall become effective.

(e) If the proposed amendment effects a change in the name of the authority, the judge of probate shall promptly send a notice to the Secretary of State advising him or her of such change.
Ala. Code § 45-38-60.02 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-60.02
Section 45-38-60.02 Additional Expense Allowance; Total Monthly Salary
Status: in_force

(a) Beginning on May 24, 2023, the Coroner of Lamar County shall receive an additional expense allowance in the amount of two hundred dollars ($200) per month to be paid out of the county general fund. The expense allowance shall be in addition to any and all other compensation, salary, or expense allowances provided by law.

(b) Beginning with the next term of office, the expense allowance provided in subsection (a) shall be void, and the coroner shall receive a total monthly salary of three hundred seventy-five dollars ($375), which shall be in lieu of any other salary or expense allowance provided by law for the coroner for the performance of his or her official duties, and shall be in addition to the mileage allowance provided by Section 45-38-60.01.
Ala. Code § 45-44-84.46 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-84.46
Section 45-44-84.46 Payment of Costs
Status: in_force

The initial installation costs shall be paid entirely out of the special recording fees. Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the cost of purchasing, operating, or maintaining, after the initial installation, any improved system installed pursuant to this subpart.
Ala. Code § 45-41A-10.07 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.07
Section 45-41A-10.07 Officers of the Authority
Status: in_force

The officers of the authority shall consist of a chair, vice chair, secretary, treasurer, and such other officers as its board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chair and vice chair of the authority shall be elected by the board from the membership thereof; the secretary, the treasurer, and any other officers of the authority may, but need not, be members of the board and shall also be elected by the board. The chair, vice chair, secretary, and treasurer of the authority shall also be the chair, vice chair, secretary, and treasurer of the board respectively. 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 § 45-49-120.25 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120.25
Section 45-49-120.25 Investigations
Status: in_force

The board or its designated agent shall make studies upon all matters touching the enforcement and the effect of this part and the rules and regulations prescribed thereunder. Members of the board or its agent or agents may visit all places of employment and services affected by this part in order to ascertain and advise with the heads of the various departments concerning their methods of handling those matters affecting employees in the service, such as hours of work, attendance, training, working conditions, and morale, and in order to ascertain whether this part and the rules promulgated thereunder are obeyed. The board in the course of such inquiries shall have the power to administer oaths, and subpoena and require the attendance of witnesses and the production of books, papers, documents, and accounts pertaining to the subject under investigation. All hearings and inquiries made by the board shall be governed by this part and by rules or practice and procedure adopted by the board, and in conducting such inquiries they shall not be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony by the board shall invalidate any order, decision, rule, or regulation made by the board, provided, however, that the constitutional rights of no individual shall be abridged. The board or its designated agent or agents shall have the authority to inquire concerning the number of employees in any department or office, and if after notice, and opportunity to be heard to the appointing authority and to the employees affected, in the board’s judgment there is an excessive number of employees in proportion to the amount of work required in such department or office, they shall issue an order in writing to the appointing authority that the number of employees so found to be excessive, be laid off or transferred, and this order shall be promptly carried out by the appointing authority. The board or its designated agent or agents shall also study the organization, procedure or any other business matter which might affect the classified employment of the different departments and suggest such changes in procedure as may increase efficiency or enable the organization to carry on its work more economically.
Ala. Code § 45-5-246.07 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-246.07
Section 45-5-246.07 Disposition of Funds
Status: in_force

All taxes collected under this part shall be remitted to Blount County as all other sales and use taxes applicable to the county, whether imposed by state statutes or local act. All net proceeds from the tax authorized by this part shall be distributed as follows:

(1) The first fifty thousand dollars ($50,000) collected annually shall be remitted to the Blount County Commission for disbursement equally to the fire departments with ISO ratings of 9 or below located within Blount County, which shall include the Blount County Rescue Squad.

(2) Of the remaining proceeds, fifty percent (50%) to the Blount County Commission restricted to the general maintenance and construction of county roads and bridges classified as farm-to-market roadways, major or minor collectors, or other roadways that have previously received federal aid, with the first 100 miles of roadways so described, to be renovated pursuant to step two of the moving Blount County Forward Initiative, as adopted by the Blount County Commission, to be prioritized subject to final approval of the Blount County Commission. Cost of roadway projects so described thereafter shall be based on the percentage of total county road miles per district within the county allowing for a variance of seven and one-half percent (7.5%) per district per 10-year period.

Funds expended pursuant to this subdivision may not be used for county salaries, equipment, daily operational expenses, or employment expenses.

(3) Of the remaining proceeds, thirty three and one-third percent (33 1/3%) to the Blount County Board of Education to be divided between Blount County schools and Oneonta City schools, pro rata, based on student enrollment to be used only for capital improvement and construction or for the advancement of technology in education.

(4) Of the remaining proceeds, sixteen and two-thirds percent (16 2/3%) to county municipalities which lie in whole or in part within Blount County, divided pro rata, based on the most recent decennial census of those citizens who live within the boundaries of Blount County. These distributions may be used only for municipal road and bridge improvements and support of public education within the limits of municipalities within Blount County.
Ala. Code § 45-41A-40.14 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.14
Section 45-41A-40.14 Liability of City
Status: in_force

The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the city within the meaning of any constitutional or statutory provision whatsoever.
Ala. Code § 45-51-21.08 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-21.08
Section 45-51-21.08 Transfer of Business of Wholesaler
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) The involuntary termination, cancellation, nonrenewal, or discontinuance by a supplier of an agreement 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 § 45-44-84.44 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-84.44
Section 45-44-84.44 Official Record of Instruments
Status: in_force

Following the effective installation date, real property instruments, personal property instruments, and other documents and records provided herein to be recorded, archived, and retrieved with computer-generated files to be stored and filed on either optical disk, or on paper, shall constitute the official record of the instruments for the purpose of Section 12-13-43.
Ala. Code § 45-32-90.06 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-90.06
Section 45-32-90.06 Expenses of Authority
Status: in_force

The county governing body of Greene County shall annually, before the end of the county’s fiscal year, fix the amount to be expended by the industrial development authority herein created, and shall deposit such amount as it determines to be necessary for the efficient operation of the authority in a special fund in the county treasury to the credit of the authority. All other funds otherwise coming into the hands of the authority shall likewise be deposited in the fund. The ordinary and necessary operating expenses of the authority, including the expenses of its members and the salaries and expenses of employees of the authority, shall be paid out of authority funds.
Ala. Code § 45-37-220 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-220
Section 45-37-220 Taking, Catching, or Killing of Nongame Fish in Certain Public Waters Using Wire Baskets
Status: in_force

(a) The Director of the Department of Conservation and Natural Resources is hereby authorized and empowered to promulgate rules and regulations authorizing the taking, catching, or killing of nongame fish from the public waters of Jefferson County, except in municipal parks, by the use of wire baskets having a mesh of one inch or larger.

(b)(1) Any person desiring a license to fish with such wire baskets in areas where they may be legalized by regulation, as provided for above, may apply to the judge of probate or other appropriate licensing authority in the county and shall pay a privilege license tax of one dollar ($1) for each wire basket with which he or she proposes to fish. The judge of probate, license commissioner, or other person authorized and designated to issue fishing licenses shall be entitled to a fee of twenty-five cents ($.25) for each license so issued, which fee shall be in addition to the amount designated in this section as the cost of such license. The judge of probate shall issue such license on forms provided by the Department of Conservation and Natural Resources and shall keep a permanent record of all licenses issued and all taxes received. Licenses shall be issued on a fiscal year basis and all licenses issued in any year shall expire on September 30 of that year.

(2) The revenue derived from the sale of the license provided for in this section shall be remitted to the Department of Conservation and Natural Resources on the first day of each month by the issuing officer and shall be covered into the State Treasury to the credit of the Game and Fish Fund.

(c) It shall be illegal for any person to obtain more than four such licenses or fish with more than four such baskets.

(d) Any basket or baskets that may become legal for use in the waters of the county under this section shall be clearly marked with the name of the licensee operating, using, and owning the basket and the license number of the basket.

(e) All wire baskets not marked in accordance with the preceding subsection shall be destroyed upon discovery by any officer, agent, or employee of the Department of Conservation and Natural Resources.

(f) Only nongame fish may be taken, captured, or killed by means of any basket that may become legal for use in such county under this section. All game fish taken in such baskets shall immediately be returned to the waters from whence taken with the least possible harm.

(g) The licenses provided for in this section shall not be sold to any person holding a commercial fishing license or engaged in the business of commercial fishing, and it shall be unlawful for any persons holding a wire basket license or using a wire basket under this section to sell or offer for sale any fish within or without any such counties. It is the specific intent of this section to allow the use of wire baskets to catch fish for personal consumption only.

(h) It shall be illegal for any person to raise, inspect, or take fish from any wire basket that may be legalized under this section unless such person shall hold in his or her name and have in his or her possession the license for the particular basket he or she is raising, inspecting, or from which he or she is taking fish. Nothing in this subsection shall prevent the raising of such baskets for inspection by any officer, agent, or employee of the Department of Conservation and Natural Resources.

(i) Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25). In addition, all basket licenses for such person shall be revoked, and no other such licenses shall be issued to him or her until the expiration of a period of three years from the date of such conviction.
Ala. Code § 45-41-72.50 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-72.50
Section 45-41-72.50 Personnel; Costs
Status: in_force

(a)(1) The Lee County Commission shall employ sufficient appraisers, mappers, and clerical personnel to maintain on a current basis the appraisal and mapping of all real property and valuation of personal property within Lee County.

(2) The cost of the maintenance program for the continued equalization of ad valorem taxes shall be prorated by the Lee County Commission to each agency receiving ad valorem tax from property in Lee County on the basis of the appropriation of the monies received by each agency in Lee County to the total amount received by all agencies in Lee County. It is the intent of this section that all cost necessary for the ad valorem maintenance program be prorated among all agencies receiving ad valorem tax funds in Lee County.

(b) The State Commissioner of Revenue shall prescribe the functions, duties, and responsibilities of these personnel to insure all property is properly appraised, mapped, and valued in accordance with the law.

(c) The Lee County Tax Collector shall collect the cost of this appraisal and mapping program, which will be borne by each agency and funds receiving ad valorem tax revenues based on its pro rata share of the total funds received.
Ala. Code § 45-27-231.25 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-231.25
Section 45-27-231.25 Record of Sale; Rejection of Bid
Status: in_force

If property is sold at public auction, as provided in this subpart, a notation in the storage record shall be made of the sale and of the amount received for the property. The person making the sale may reject any and all bids if the amount bid is unreasonably low and may continue the sale, from time to time, if no bidders are present.
Ala. Code § 45-30-70.01 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-70.01
Section 45-30-70.01 Construction and Maintenance of Certain Driveways, Gravel Roads, School Bus Turnarounds
Status: in_force

(a) The Franklin County Commission is authorized and empowered to construct and maintain driveways for schools, churches, and church owned cemeteries, and school bus turnarounds located within the county, at county expense.

(b) The Franklin County Commission is further authorized and empowered to provide normal maintenance at county expense on any gravel road or driveway, exclusive of bridges or culverts, leading from a public road to the residence of an abutting landowner.
Ala. Code § 45-27A-31.11 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.11
Section 45-27A-31.11 Refunding Bonds
Status: in_force

(a) Any bonds issued by the authority may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds payable from the same or different sources for the purpose of paying all or any part of the principal of the bonds to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such bonds that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the bonds to be refunded, any interest to accrue on each bond to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with refunding; provided, that unless duly called for redemption pursuant to provisions contained therein, the holders of any such bonds then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding bonds for such refunding. Any refunding bonds may be sold by the authority at public or private sale at such price or prices as may be determined by its board to be most advantageous, or may be exchanged for the bonds or other obligations to be refunded. Any such refunding 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 have 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.

(b) Any refunding bonds issued by the authority shall be issued and may be secured in accordance with Section 45-27A-31.09.
Ala. Code § 45-3-140.01 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-140.01
Section 45-3-140.01 Legislative Findings
Status: in_force

The Legislature declares that volunteer fire departments and the Barbour County Firefighters Association that receive funds pursuant to this article are nonprofit organizations which are public in nature, as they protect the health, safety, and welfare of the citizens of the county.
Ala. Code § 45-26-244 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-244
Section 45-26-244 Applicability
Status: in_force

This subpart shall only apply to Elmore County.
Ala. Code § 45-37-30 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-30
Section 45-37-30 Cemetery Board
Status: in_force

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

(1) BOARD. The Jefferson County Cemetery Board.

(2) CEMETERY. Any for-profit cemetery in the county where property is used or intended to be used for the interment of human remains, including, but not limited to, any property containing a grave, lot, crypt, niche, or mausoleum and any gravestone, headstone, or other marker therein.

(3) MAINTENANCE. The act of maintaining a cemetery, including, but not limited to, the cutting and trimming of the lawn, shrubs, and trees.

(4) NEGLECTED CEMETERY. A cemetery that has become abandoned or neglected in any of the following ways:

a. Weeds, briars, bushes, or trees have become overgrown.

b. Fences have become broken, decayed, or dilapidated.

c. Graves, lots, crypts, niches, mausoleums, and markers and roads, buildings, or other structures in the cemetery have become damaged, broken, dilapidated, or destroyed.

(b)(1) The Jefferson County Cemetery Board is created.

(2) The board shall consist of seven members.

(3)a. Four members of the board shall be appointed by the members of the House of Representatives representing any part of the county, and three members shall be appointed by the members of the Senate representing any part of the county. The members shall serve at the pleasure of the appointing authority.

b. By May 15, 2021, the members of the House of Representatives representing any part of the county shall appoint one of the members of the board to serve as chair. The chair shall serve until March 1, 2023. On March 1, 2023, the members of the Senate representing any part of the county shall appoint one of the members of the board to serve as chair for a two-year term. Thereafter, the appointment of the chair of the board for two-year terms shall alternate between the House members and Senate members.

(4)a. The initial board members appointed in accordance with subdivision (3) shall serve the following terms:

1. Two members appointed by a member of the House of Representatives and one member appointed by a member of the Senate shall serve a two-year term.

2. One member appointed by a member of the House of Representatives and one member appointed by a member of the Senate shall serve a three-year term.

3. One member appointed by a member of the House of Representatives and one member appointed by a member of the Senate shall serve a four-year term.

b. After the expiration of the initial term of office of each board member, the term of office for all board members shall be four years.

(5) The board shall meet quarterly and at times as the board by a majority of its members agree.

(6) The board may adopt necessary rules or procedures to conduct its business.

(7) Members of the board shall serve without compensation, but may be reimbursed for actual expenses incurred while conducting the business of the board, according to its rules or procedures.

(8) Board members shall serve on a volunteer basis, except that they shall be reimbursed for actual expenses that shall be verified and submitted to the Jefferson County Commission.

(c) There shall be established within the Jefferson County Budget Division, a Jefferson County Cemetery Account funded by revenue from the pistol permits portion dedicated to the Jefferson County delegation.

(d)(1) The board shall be responsible for all of the following duties:

a. Supervising the clean up and maintenance of any neglected cemetery under its authority.

b. Coordinating with the sheriff to provide inmate labor to perform the maintenance of any neglected cemetery.

c. Purchasing office equipment up to five hundred dollars ($500) and other necessary materials to perform the functions of the board.

d. Any other business necessary to carry out the purposes of this section.

(2) The board may only perform maintenance on a private cemetery if the board finds after a hearing that the condition of the cemetery is a public nuisance.

(3) The board may enforce all rules adopted pursuant to this section and may institute any legal proceeding, including the filing of a suit, as necessary to effect compliance with this section.

(e)(1) Fifty thousand dollars ($50,000) shall be made available to the board from the pistol permit fees collected by the county and twenty-five thousand dollars ($25,000) from the pistol permit fees for each year thereafter.

(2) No later than June 9, 2023, a one-time payment of two hundred thousand dollars ($200,000) shall be made available to the board from the pistol permit fees collected by the county. This amount shall be in addition to any monies made available to the board pursuant to subdivision (1).

(f) The county commission shall have no authority over the board and the county commission shall have no responsibility over a cemetery in the county, as defined by this section, and no county funds shall be expended as a result of the implications or implementation of this section.

(g) Members of the board may not be subject to civil liability arising from the conduct of the affairs of the board except when the act or omission of the member of the board amounts to willful or wanton misconduct, fraud, or negligence.

(h) This section shall only apply to cemeteries in existence on May 26, 2017.

(i) A cemetery owned by a religious organization, as defined by Section 45-37-150.01, or a private, family-owned cemetery, is exempt from this section.
Ala. Code § 45-44A-41.05 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-41.05
Section 45-44A-41.05 Accounting of Costs; Report
Status: in_force

The City of Tuskegee shall keep an account of the cost of abating such nuisance in front of or on each separate lot or parcel of land where the work is done by it or its employees, and shall render an itemized report in writing to the City Council of the City of Tuskegee showing the cost of removing such on each separate lot, or in front of thereof, or both; provided that before the report is submitted to the city council, copy of the same shall be posted for at least three days prior thereto on or near the door of city hall, together with a notice of the time when the report shall be submitted to the city council for confirmation.
Ala. Code § 45-51-150.06 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-150.06
Section 45-51-150.06 Bingo Games - Certain Activities Prohibited; Value of Prizes
Status: in_force

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

(b) All bingo cards shall be clearly marked with the name of the organization using the cards and it shall be unlawful for one qualified organization to use cards owned by another. Provided, however, with the consent of the sponsoring organization, any individual participant may use his or her personal card; this provision does not exempt such individual from any fees or charges

(c) It shall be unlawful for two or more qualified organizations to pyramid the valuation of prizes in such a manner as to exceed the limits in cash or gifts of equivalent value as provided in Section 45-51-150.09. The term equivalent value shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.

(d) Any qualified organization may deduct the reasonable expenses of operating and conducting its bingo games as permitted herein. Reasonable expenses shall be defined as including customary and usual business overhead expenses.

(e) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.
Ala. Code § 45-37-249.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-249.01
Section 45-37-249.01 Legislative Findings; Construction of Part
Status: in_force

(a) It is the intention of the Legislature by the passage of this part to authorize the county to levy and provide for the collection of, in addition to all other taxes authorized by law, except as provided in Section 45-37-249.03, a sales tax and a use tax conforming with and parallel to the state sales tax and the state use tax at a rate not exceeding the maximum rates set forth herein.

(b) The Legislature hereby finds and declares that each tax authorized by this part is a sales or use tax and is not a gross receipts tax in the nature of a sales tax, as such term is defined in Section 40-2A-3(8) and used in Section 11-51-209.

(c) In view of the county’s recent financial difficulties, the invalidation of certain taxes that previously provided significant revenues to the county, and the conclusion of the county’s Chapter 9 bankruptcy proceedings, the Legislature hereby finds and declares that it is necessary, desirable, and in the best interests of residents of the county that the Jefferson County Commission be provided additional flexibility with respect to its revenue sources and budget.

(d) The Legislature hereby finds and declares that providing additional funding for public schools in the county will benefit the public welfare and education of residents of the county.

(e) This part shall be liberally construed in conformity with the intentions and findings expressed in this section.
Ala. Code § 45-39-240 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-240
Section 45-39-240 Compensation
Status: in_force

Each member of the Board of Equalization of Lauderdale County shall be paid the sum of thirty-five dollars ($35) per day for the time actually engaged in the discharge of his or her duties as such member, to be paid by warrants drawn on the county treasurer on order of the county commission. The cost of such sums, to the extent that they exceed the amounts authorized under Section 40-3-8, shall be borne equally to the county and municipality.
Ala. Code § 45-51-20.01 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-20.01
Section 45-51-20.01 Sale of Draft or Keg Beer for On-Premises Consumption; Repackaging
Status: reserved

(a)(1) The sale of draft or keg beer for on-premises consumption only by retail licensees of the Alabama Alcoholic Beverage Control Board is authorized in areas of Montgomery County outside of the corporate limits of the City of Montgomery.

(2) Any sale or condition of sale of draft or keg beer or other alcoholic beverage approved by an ordinance adopted by the City of Montgomery pursuant to subsection (b) or (c), or both subsections, shall automatically be authorized and applicable in the county outside of the corporate limits of the City of Montgomery.

(b) The governing body of the City of Montgomery is hereby empowered to authorize by ordinance the sale of draft or keg beer for on-premises consumption only by retail licensees of the Alabama Alcoholic Beverage Control Board within the corporate limits of the city.

(c)(1) The governing body of the City of Montgomery is hereby empowered to regulate the sale of alcoholic beverages by designating the days and hours during which alcoholic beverages are authorized to be sold at retail within the corporate limits of the city.

(2) The City of Montgomery may adopt any ordinance authorized by this section before October 1, 2003, provided that any ordinance adopted shall apply to the entire city, and provided that no ordinance shall become effective sooner than October 1, 2003.

(d) A licensed club, retail establishment, or other licensee may not repackage keg or draft beer or keg malt beverages for sale. Any keg containing beer or malt beverages shall be identified by number and registered to the buyer.

(e) All laws or parts of laws which conflict with this section are repealed. However, the provisions of this section are cumulative and supplementary and shall not be construed to repeal or supersede any laws or parts of laws not directly inconsistent herewith.
Ala. Code § 45-39-82.08 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.08
Section 45-39-82.08 Treatment Programs; Drug Testing
Status: in_force

The district attorney and the offender may enter into an agreement, as a part of the pretrial diversion program, that the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing or other terms and conditions related to substance abuse. The offender shall pay the costs of all services unless otherwise approved by the district attorney.
Ala. Code § 45-35A-54.26 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.26
Section 45-35A-54.26 Vacancies in Office
Status: in_force

Whenever any vacancy occurs in the office of any commissioner, by death, resignation, or removal, then his or her successor shall be appointed by the remaining members of the board of commissioners of the city, not more than 30 days from the time such vacancy occurs; otherwise, the vacancy shall be filled by the legislative delegation. Every person who is appointed to the office of commissioner in any such city under this section shall qualify for office as soon as practicable after such appointment and shall be clothed with the duties and responsibilities and powers of such office immediately upon such qualification. He or she shall hold office for the unexpired term of his or her predecessor.
Ala. Code § 45-17-70 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-70
Section 45-17-70 Membership
Status: in_force

(a) The Colbert County Commission shall be composed of six members, elected from single-member districts one through six, inclusive, by the qualified voters residing within each district. The six districts shall be apportioned as provided by law. Each commissioner shall reside in the district he or she represents at the time of qualifying for office and during his or her tenure. The chair of the commission shall rotate among the six members of the commission with each commissioner serving as chair for one-sixth of his or her four-year term of office.

(b) The composition and election of the county commission as it existed on January 1, 2003, is ratified and confirmed. This section shall continue to apply to commissioners elected for a term of office for county commissioners in Colbert County on or after that date.
Ala. Code § 45-23-240.43 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-240.43
Section 45-23-240.43 Charge and Collection of Fees
Status: in_force

Except as hereinafter provided, the tax assessor shall be entitled to charge and collect the same fees that are now provided for by law. For the performance of duties relative to the recording of the transfer of the ownership of motor vehicles as prescribed in this code, the tax assessor shall charge and collect a fee of one dollar twenty five cents ($1.25). All such fees shall be the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake or fact of law shall be made under the conditions and in the manner prescribed by this code.
Ala. Code § 45-52-243.28 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-243.28
Section 45-52-243.28 Payment of Tax Deemed a Credit Against Amount Due
Status: in_force

The acceptance of any amount paid for the excise tax imposed under this subpart shall not preclude the collection of the amount actually due. However, the amount actually paid shall constitute a credit against the amount actually due.
Ala. Code § 45-37-243.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-243.03
Section 45-37-243.03 Rulemaking Authority; Powers
Status: in_force

The board of revenue, county commission, or like governing body of such counties shall have power to adopt reasonable rules and regulations not inconsistent with this subpart to provide for the enforcement, collection, and distribution of the tax, and to provide for the possession and sale, from bottles with broken seals, of cordials, liquers, vermouth, wines, rum, and brandy that are not available for purchase in miniature through state Alcoholic Beverage Control Stores. The judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall have the following powers:

(1) The power to administer this subpart including the collection of the taxes herein levied, the payment of the expenses incurred in the administration of this subpart, and the collection of the taxes, the distribution of the proceeds remaining after payment of such expenses in accordance with Section 45-37-243.09.

(2) The power to exercise, with respect to the tax levied in Section 45-37-243.02, the powers and function to collect the taxes, give notices, make assessments, and enforce penalties, issue executions, summon and examine taxpayers and other witnesses, examine books and papers, and make demands for the payment of the tax.

(3) The power to file and enforce the lien provided for herein as security for the tax herein levied.

(4) The power to bring and prosecute suits, to conduct litigation, and to take any other legal action necessary to enforce this subpart.

(5) The power to prescribe forms and fix regulations not in conflict with this subpart.

(6) The power to exercise all powers incidental to, and reasonably necessary through the accomplishment of, the powers hereinabove set forth in subdivisions (1) to (5).
Ala. Code § 45-43-246.60 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.60
Section 45-43-246.60 Applicability
Status: in_force

This subpart shall only apply to Lowndes County.
Ala. Code § 45-8-140 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-140
Section 45-8-140 Fire Hydrants
Status: in_force

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

(b) It has been shown to be in the public interest that an adequate supply of water be available in order to fight fires. Such a supply of water is not available in certain unincorporated areas of Calhoun County due to the lack of fire hydrants. This section is to authorize Calhoun County, in furtherance of the public health, safety, and general welfare of the citizens of Calhoun County to engage in arranging for the purchase, installation, inspection, and maintenance of fire hydrants where feasible and practical on and along all water mains of appropriate diameter in unincorporated areas of Calhoun County. The county’s responsibility in regard to fire hydrants provided pursuant to this section shall be to provide stability, continuity, and administration of a procedure that will maximize the utilization of existing and future water systems in the county in providing for fire protection at the expense of those receiving the service.

(c) Calhoun County is authorized to engage in arranging for the purchase, installation, inspection, and maintenance of fire hydrants where feasible and practical on and along all water mains of appropriate diameter located in all unincorporated areas of Calhoun County. Calhoun County is further authorized to negotiate and enter into agreements, including but not limited to agreements for maintenance and indemnification, with any entity or entities owning or maintaining water mains or systems in unincorporated areas of Calhoun County, as may be necessary to allow fire hydrants to be provided pursuant to the provisions of this section.

(d) Calhoun County is authorized to establish and maintain special funds, separate from other funds of the county, for the purposes of financing the purchase and installation, and the inspection and maintenance of fire hydrants in unincorporated areas of the county. Calhoun County is further authorized to maintain a portion of the special funds in investments so as to generate adequate income for the continued inspection and maintenance of fire hydrants, which are purchased and installed pursuant to this section.

(e) The Calhoun County Commission is authorized to set, and to set from time to time as necessary, the amount required for the purchase and installation of a fire hydrant and the amount necessary to be invested such as to provide adequate income to provide for the continued inspection and maintenance of a fire hydrant. A person, persons, or legal entity desiring a fire hydrant shall pay to Calhoun County the amount set by the Calhoun County Commission for a fire hydrant to be purchased and installed and shall also pay to Calhoun County the amount set by the Calhoun County Commission to provide for the continued inspection and maintenance of the fire hydrant.

(f) All entities, now or in the future, providing water or water services within the boundaries of Calhoun County shall be required to make all purchases, and to do all installations, maintenance, and servicing of fire hydrants provided under the provisions of this section, for their usual and customary charges for such purchases and services.

(g) Should the income to Calhoun County from the amount invested to provide for the continued inspection and maintenance of a fire hydrant not be adequate to provide for such inspection and maintenance, the Calhoun County Commission is authorized to set a reasonable inspection and maintenance fee which shall be collected from those who reside or own land in the area of the fire hydrant such as to receive benefit from it if there was a fire.

(h) Any municipality which is formed so as to include land with fire hydrants installed pursuant to this section or which annexes land into its corporate limits with fire hydrants installed pursuant to this section shall assume full responsibility for the continued inspection and maintenance of fire hydrants installed pursuant to the provisions of this section within such incorporated or annexed areas, or such municipalities shall adequately provide for the assumption of such responsibility.

(i) The furnishing of fire hydrants pursuant to this section is hereby declared to be a governmental function. Calhoun County shall not be liable for any tort, whether negligent or wilful, committed by any commissioner, agent, servant, or employee of the county in the purchase, installation, inspection, or maintenance of fire hydrants provided pursuant to the provisions of this section.
Ala. Code § 45-41-140.02 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-140.02
Section 45-41-140.02 Financial Charge - Determination
Status: in_force

The county governing body of Lee County is authorized to appoint agents and delegate authority to individuals to search out forest lands in Lee County, to determine the area and owners thereof, and report the same to the Tax Assessor of Lee County who shall be authorized, after notice by mail to such owners, and hearing before the county governing body, if so requested by such owners, to place the financial charge against the forest lands as may be determined by the report of such agents or the determination of the county governing body. It shall be the responsibility of the Tax Assessor of Lee County to establish such rules and regulations as are necessary to administer this part.
Ala. Code § 45-8A-23.052 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.052
Section 45-8A-23.052 Ballot
Status: in_force

At every such election, all such ballots to be used by voters shall be printed or prepared by the election commission or other body having charge of the conduct of municipal elections in the city, and shall contain the names of all candidates for the at large position on the council directly under the words “For the at large position on the council,” and the names of all candidates from each ward directly under the words “For members of the council from the __________ ward.” No name shall appear upon the ballot as a candidate for election except the names of such persons as have become candidates according to provisions as above set forth; no ballot shall be used at any such election except the official ballot prepared by the election commission or other body having charge of the conduct of municipal elections in the city, except that the names of candidates may be suitably placed on voting machines if such machines are used to conduct such election.
Ala. Code § 45-3-231.20 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-231.20
Section 45-3-231.20 Jail Canteen and Inmate Telephone System; Sheriff’s Jail Fund; Accounting and Use of Proceeds
Status: in_force

(a) The Sheriff of Barbour County or the authorized agents of the sheriff may operate a jail canteen and inmate telephone system within the confines of the county jail to serve the needs of the jail population. After the costs and operating expenses are deducted from the income, excluding any income from fees paid for the boarding and feeding of prisoners, the net revenues shall be deposited in the Sheriff’s Jail Fund.

(b) The sheriff shall establish and maintain a Sheriff’s Jail Fund in a bank located in Barbour County.

(c) The sheriff shall keep an account of all jail canteen and inmate telephone system sales and transactions and the Sheriff’s Jail Fund for annual audit by the Department of Examiners of Public Accounts. The jail canteen and inmate telephone system account and fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(d) All profits realized in the operation of the jail canteen and inmate telephone system shall be expended at the discretion of the sheriff for salaries, equipment, and supplies for the county jail and other law enforcement purposes in Barbour County that are in the interest of the public.

(e) The establishment of the Sheriff’s Jail Fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office.

(f) Any actions relating to the operation of a jail canteen and inmate telephone system in the county jail prior to April 16, 1997, are ratified and confirmed. Any existing proceeds derived from the operation of a jail canteen in the county jail prior to April 16, 1997, shall be deposited into the Sheriff’s Jail Fund created by this section.
Ala. Code § 45-37-22 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-22
Section 45-37-22 Election on Sunday Sale and Distribution of Alcoholic Beverages
Status: in_force

The Jefferson County Commission is hereby mandated to call and provide for holding an election among the voters of Jefferson County to determine whether or not alcoholic beverages, as defined in Section 28-3-1, may be legally sold and distributed on Sundays after 12:00 o’clock noon by properly licensed retailers serving the general public. The initial election mandated by this part shall be held at the same time as the next statewide primary election scheduled to be held on the first Tuesday of June, 1990, provided that if this part does not become effective in sufficient time prior to the date of such primary election to permit the initial election mandated hereby to be conducted on such date in accordance with Section 45-37-22.02, then such initial election shall be held at the same time as the next statewide general election scheduled to be held on the first Tuesday after the first Monday in November, 1990. To the extent technically feasible, the question presented in such election shall be printed on the same ballot used by the voters to vote on candidates and other questions presented in such primary or general election, as the case may be. The question to be voted on in the initial election mandated by this part, as well as in any subsequent election held pursuant to Section 45-37-22.01, shall be stated on the ballots in substantially the following form:

‘‘Do you favor authorizing the legal sale and distribution of alcoholic beverages in Jefferson County on Sundays after 12:00 o’clock noon by properly licensed retailers serving the general public?

‘‘Yes ____ No ____’’
Ala. Code § 45-37-60.08 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-60.08
Section 45-37-60.08 Investigative Powers of Coroner-Medical Examiner
Status: in_force

In investigating a death hereunder, the coroner-medical examiner shall be authorized to take charge of the dead body, to investigate the circumstances of the death, to conduct or have conducted an autopsy, and whether or not there is an autopsy, to take and retain whatever tissues and biological samples, including blood or urine, or both, as he or she deems necessary from the body of a person which he or she deems necessary to establish the cause and manner of such person’s death, and to take possession of any object or article which in his or her opinion would be useful in establishing the identity of the deceased or the cause and manner of death, or both.
Ala. Code § 45-1-232.22 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-232.22
Section 45-1-232.22 Autauga County Work Release Board
Status: in_force

The Autauga County Work Release Board is established to develop, promulgate, and adopt rules for the operation and maintenance of the Autauga 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 § 45-37-22.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-22.02
Section 45-37-22.02 Notice; Qualified Voters; Conduct of Elections
Status: in_force

The Jefferson County Commission shall cause notice of any election held pursuant to this part to be given to the voters of Jefferson County by causing a written notice to be published in a newspaper having general circulation in the county at least 30 days before such election. Such notice shall state that such election is being called pursuant to, and shall be conducted in accordance with, this part, identifying the same by its number and the session of the Legislature in which it was adopted, and shall further state the date on which the election shall be held and the question that shall appear on the ballot. Only qualified voters of Jefferson County shall be entitled to vote in any such election, it being specifically provided that the voters of any municipality located partially outside of Jefferson County who do not reside in such county shall not be entitled to vote in such election. Any election held pursuant to this part shall be conducted by the officers provided by law to conduct countywide elections in Jefferson County, and such elections shall be conducted and the results thereof canvassed, tabulated, certified, and declared in the manner provided by law for countywide elections in such county. The entire costs of any election held pursuant to this part shall be paid out of the General Fund of Jefferson County.
Ala. Code § 45-22-233 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-233
Section 45-22-233 Collection and Disposition of Fee
Status: in_force

(a) The fee for the issuance of a permit in Cullman County to carry a pistol concealed on or about the person or in a vehicle as provided in Section 13A-11-75 shall be fifteen dollars ($15), which shall be collected by the sheriff.

(b) Any and all monies collected as provided above, in Cullman County within the purview of this section, shall be deposited by the sheriff in any bank located within the county into a fund known as the Sheriff’s Fund. The fund shall be drawn upon by the sheriff of the county or his or her appointed agent and shall be used exclusively for law enforcement purposes and in the discharge of the sheriff’s office as he or she sees fit. The establishment of the Sheriff’s Fund as provided in this section and the use of such funds shall in no way diminish or take the place of any other imbursement or other source of income established for the sheriff or for the operation of his or her office.
Ala. Code § 45-34-82.10 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-82.10
Section 45-34-82.10 Pretrial Diversion Program Fund
Status: in_force

The district attorney shall establish a pretrial diversion program fund. Except for the twenty-five dollars ($25) payable to the circuit clerk pursuant to subsection (c) of Section 45-34-82.07, fees paid by offenders pursuant to Section 45-34-82.07 shall be placed into the pretrial diversion program fund. The district attorney shall use the funds in the pretrial diversion program fund to pay costs associated with the administration of the pretrial diversion program or for other law enforcement purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies and equipment, training and travel services, service contracts, and professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate.
Ala. Code § 45-49-82.02 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-82.02
Section 45-49-82.02 Additional Court Costs - Domestic Violence Cases
Status: in_force

In addition to all other costs and charges in circuit, district, and municipal court cases in Mobile County, there shall be levied and assessed a court cost of twenty-five dollars ($25) in all cases in which court costs are assessed which are determined by the judge to be domestic violence cases. The clerk of the court shall collect the court costs and shall periodically remit the proceeds to the Chief Presiding District Court Judge of Mobile County to be used to operate domestic violence shelters in Mobile County that are in compliance with the standards for operation of the Alabama Coalition Against Domestic Violence.
Ala. Code § 45-17-71 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-71
Section 45-17-71 Salaries; Expense Allowances
Status: in_force

(a) Effective beginning the term of office of commissioners beginning in November, 2016, and thereafter, the Colbert County Commission may decrease total amount of compensation paid to the member of the commission serving as commission chair by the amount that would make the compensation received by each member serving as commission chair equal to the salaries received by members not serving as commission chair.

(b) At that time and thereafter, the Colbert County Commission may provide an expense allowance to each member of the commission equal to one-sixth of the yearly amount allotted on September 30, 2015, as additional compensation to the member serving as commission chair.

(c) If implementation of the foregoing increases the compensation of an incumbent office holder, the increase shall be paid as an expense allowance until the beginning of the next term of office whereupon the amount of the expense allowance shall be included in the base salary for the office holder and the expense allowance shall be voided. Deductions from the increase shall be made for supernumerary programs as provided by law as if the increase were salary.

(d) Beginning with the fiscal year commencing October 1, 2016, the members of the county commission covered by this section shall be entitled to the same uniform increases in compensation, including cost-of-living increases, longevity increases, merit raises, and bonuses that are granted to county employees by the county commission at the time of the approval of the county budget. The increases shall be in the same amount or percentage, as the case may be, as that amount or percentage increase provided to the county’s employees. If the implementation of any cost-of-living adjustment increases the salary of an incumbent office holder, the increase shall be paid as provided in subsection (c).
Ala. Code § 45-42-200.08 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.08
Section 45-42-200.08 Fees
Status: in_force

Except as hereinafter provided, the county license commissioner shall be entitled to charge and collect the same fees that are prescribed in the general law for like service when performed by the tax assessor, tax collector, judge of probate, or the license inspector. For the performance of duties relative to the issuance and handling of, or the recordings of the transfer of the ownership of motor vehicles as prescribed by law, or both, the commissioner shall charge and collect a fee of two dollars ($2). All such fees shall be the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake of fact or law shall be made under the conditions and in the manner prescribed by law.
Ala. Code § 45-31-120.22 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-120.22
Section 45-31-120.22 Right of Governing Body
Status: in_force

Nothing herein shall be construed as restricting the right of the governing body to refuse employment and prohibit the further service of any person who is a member of an organization which is opposed to the basic purpose of local self-government; and to increase or decrease proportionately the compensation of all employees; or to use independent contractors for performance of work or the rendering of services by the county.
Ala. Code § 45-3-244.32 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-244.32
Section 45-3-244.32 County Privilege, License, or Excise Tax - Failure to Add or Levy Tax; Penalty; Tax Stamps; Rules and Regulations
Status: in_force

(a) It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in the business in Barbour County for which the tax is levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax herein provided, to refund or offer to refund all or any part of the amount collected or absorb, or advertise directly or indirectly, the absorption of the tax or any portion thereof. Any person, firm, corporation, club, or association violating this section shall be subject to a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500). Each act in violation of this sections hall constitute a separate offense.

(b) The State Department of Revenue or, as otherwise provided by resolution of the county commission, the Barbour County Tax Collector shall collect all taxes levied pursuant to this subpart at the same time and in the same manner as state tobacco taxes are collected.

(c) The tax levied herein shall be paid by affixing stamps that are required for the payment of the tax imposed by Sections 40-25-1 to 40-25-28, inclusive.

(d) The department shall have the same duties relative to the preparation and sale of stamps to evidence the payment of the tax that it has relative to the preparation and sale of stamps under Sections 40-25-1 to 40-25-28, inclusive. The department may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax levied herein that it does relative to the collection of the state tax.

(e) In accordance with Section 40-25-2(q), in the event the aforementioned tobacco stamps are not available for affixing to tobacco product packages and containers, or by the authority of a duly promulgated regulation eliminating the requirement of affixing county tobacco stamps, the Commissioner of the Department of Revenue may require a monthly report in lieu of stamps to report the amount of tax due. The monthly report shall be in a form approved by the commissioner and adopted by the department under the Alabama Administrative Procedure Act, Title 41, Chapter 22.

(f) The department may promulgate and enforce rules and regulations to effectuate the purposes of this subpart. All rules and regulations duly promulgated shall have the same force and effect of law.
Ala. Code § 45-22-160 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-160
Section 45-22-160 Reimbursement; Due Care in Performance of Duties
Status: in_force

(a) The Cullman County governing body shall reimburse the office of the revenue commissioner and the judge of probate from the general fund of the county the amount of any monetary loss, not to exceed a total for each office of twenty-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 revenue commissioner and the judge of probate to insure that their 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 officials or any clerk or employee of the offices.
Ala. Code § 45-35-83.80 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83.80
Section 45-35-83.80 Recording of Instruments Conveying Title to Real Property
Status: in_force

The Judge of Probate of Houston County shall not record any instrument conveying the title to real property unless the current name and address of the grantee of the property is included in the instrument.
Ala. Code § 45-31-71.01 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-71.01
Section 45-31-71.01 Election of Members
Status: in_force

For purposes of electing members of the Geneva County Commission in 1988 and 1990, the county is hereby divided into four county commission districts as defined by resolution duly adopted by the Geneva County Commission on July 12, 1976, and spread upon the minutes of the regular session of the county commission held on that date. For purposes of electing members of the Geneva County Commission in 1992 and thereafter, the members serving on the Geneva County Commission during the months of February and March of 1991, shall divide the county into four contiguous commission districts in such manner that each district shall have approximately the same population as every other district, as nearly as practicable. The judge of probate shall continue to serve as the ex-officio chair of the commission and shall vote only in case of tie votes on matters before the commission. Each candidate for district commissioner shall be a resident and qualified elector of the district which he or she represents and upon election shall continue to reside therein throughout their respective terms. Such district members shall be elected only by the qualified electors from the respective districts which they represent.
Ala. Code § 45-37-232.81 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-232.81
Section 45-37-232.81
Status: in_force

(a) During an emergency writ condition, the Sheriff of Jefferson County may appoint special reserve deputies to assist in the execution of writs or similar actions involving the seizure or securing of real property.

(b) Upon execution of a writ, a special reserve deputy shall make return on the writ as normally completed by the sheriff and shall return the writ to the appropriate clerk.

(c) A special reserve deputy, when acting within the scope of his or her duties pursuant to this subpart and in compliance with the law, shall be entitled to the same immunities and legal protections provided to deputies under Section 36-22-3.
Ala. Code § 45-22-231.02 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-231.02
Section 45-22-231.02 Purchasing Procedures Using Credit Card or Debit Card
Status: in_force

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

(1) CREDIT CARD. A line of credit issued by a domestic lender or credit card bank.

(2) DEBIT CARD. A card issued by a bank in relation to a checking or savings account authorized by law to be expended at the discretion of the sheriff’s office.

(b) To provide for convenience in making purchases of tangible personal property or services approved by the sheriff, the Sheriff of Cullman County may establish procedures to make certain purchases through the use of a credit card or debit card issued to the office.

(c) The sheriff shall adopt written policy and procedures governing the use of a credit card or debit card, which, at a minimum shall include each of the following:

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

(2) A monetary limit on the total monthly amount that may be purchased with a credit card or debit card taking into consideration the monetary limit of the discretionary fund used.

(3) Procedures to ensure that the sheriff, or his or her designee, has sole access to any credit card or debit card, credit card or debit card numbers, access codes, or security codes.

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

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

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

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

(1) Whether the credit card or debit card issuer requires an annual fee for using the card.

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

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

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

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

(e) In the event a credit card or debit card provides rewards or rebates based upon the use of the card, any rewards or rebates earned from the card or cards shall be deposited in the discretionary account of the Cullman County Sheriff’s Office.

(f) The sole purpose of this section is to provide the sheriff a more efficient method of making payment for authorized purchases of tangible property or services. Nothing in this section shall authorize the sheriff to expend funds in excess of those otherwise validly appropriated under law. Nor shall anything in this section authorize the sheriff to establish a debt of the county commission.