Ala. Code § 45-55-81.71 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.71
Section 45-55-81.71 Definitions
Status: in_force

The following words and phrases when used in this subpart shall have the following meanings:

(1) G ENERAL PROPERTY INSTRUMENT . A real property instrument that affects the title to personal property as well as real property.

(2) I MPROVED RECORDING SYSTEM . A system of recording real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of recording other instruments and documents, which system, when completed, shall consist of the equipment necessary and suitable to record, archive, and retrieve records.

(3) P ERSONAL PROPERTY INSTRUMENT . Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35–4–50 and 35–4–90.

(4) R EAL PROPERTY INSTRUMENT . Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12–13–43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing the subdivision of real estate.
Ala. Code § 45-37A-54.30 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-54.30
Section 45-37A-54.30 Study Commission
Status: in_force

(a) There is created a study commission of nine members, to be appointed as follows:

(1) Six members appointed by the Mayor of the City of Birmingham in Jefferson County.

(2) One member appointed by the Speaker of the Alabama House of Representatives.

(3) One member appointed by the Lieutenant Governor of the State of Alabama.

(4) One member appointed by the Governor of the State of Alabama.

(b) The chair and vice chair of the commission shall be elected at the first meeting by the members of the commission. The commission shall study all facets concerning the feasibility of building a domed stadium in the City of Birmingham in Jefferson County.

(c) Upon the request of the chair, the Secretary of the Senate and the Clerk of the House shall provide the clerical assistance necessary for the work of the commission. The commission shall be ongoing and may report its initial findings, conclusions, and recommendations to the Legislature not later than the first legislative day of the 1996 Regular Session. Each legislative member of the commission shall be entitled to his or her regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the commission which shall be paid out of funds appropriated to the use of the Comptroller, upon requisitions signed by the chair of the commission. Notwithstanding the foregoing, no member shall receive additional legislative compensation or per diem when the Legislature is in session or if a member is being paid any other payments on the same dates for attendance of other state business. The total expenditures of the commission shall not exceed five thousand dollars ($5,000).
Ala. Code § 45-35-120.15 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-120.15
Section 45-35-120.15 Lay-Off of Employees
Status: in_force

Any employee may be separated from his or her position by being laid off. Reduction in employees shall be in the following order:

(1) Temporary employees.

(2) Probationary employees.

(3) Employees having permanent status in the position in the classified service.
Ala. Code § 45-33-242.02 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-242.02
Section 45-33-242.02 Tobacco Stamps
Status: in_force

The tax hereby authorized to be levied shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40–25–1 to Section 40–25–28, inclusive. The State Department of Revenue, if directed and authorized by the Hale County Commission to collect and administer the county privilege, license, or excise taxes levied herein, for as long as directed by the county commission, 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. In the event the required stamps are not available for the purpose of affixing to tobacco product packages and containers, authority is hereby granted for the utilization of a monthly reporting system approved by the Department of Revenue, and adopted through the promulgation of administrative regulations by the department, as evidence of the taxes herein levied.
Ala. Code § 45-37A-331.30 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.30
Section 45-37A-331.30 Short Title
Status: in_force

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

(b) The City of Midfield, Alabama, by municipal ordinance, may adopt the procedures set out in this subpart.
Ala. Code § 45-47A-70 — Alabama Code / Title 45 / Chapter 47A / Section 45-47A-70
Section 45-47A-70 Sale of Draft or Keg Beer or Malt Beverages
Status: in_force

Upon the adoption of an ordinance by the governing body of the City of Hamilton, the sale of draft or keg beer or malt beverages by retail licensees of the Alcoholic Beverage Control Board may be authorized in the municipality. All resolutions and ordinances relating to the sale, consumption, and possession of bottled or canned beer in the municipality shall apply to draft or keg beer or malt beverages except as provided herein. The governing body of the City of Hamilton may further regulate any aspect of the sale of draft or keg beer or malt beverages in the municipality by ordinance pursuant to this section.
Ala. Code § 45-55-232.02 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-232.02
Section 45-55-232.02 Jail Store
Status: in_force

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

(b)(1) The sheriff shall establish and maintain a law enforcement fund in a bank located in Pike County. All proceeds collected under this section shall be deposited by the sheriff into the law enforcement fund.

(2) The sheriff shall keep an account of all jail store sales and transactions of the law enforcement fund for audit by the Department of Examiners of Public Accounts. The jail store account and law enforcement fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(c) All profits realized in the operation of the jail store shall be expended at the discretion of the sheriff for law enforcement purposes in Pike County, including office expenses, that are in the interest of the public.

(d) The establishment of the law enforcement fund and the use of the proceeds shall not diminish or take the place of any other source of income established for the sheriff or the operation of the office.

(e) Any actions relating to the operation of a jail store in the county jail prior to June 18, 1999, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store in the county jail prior to June 18, 1999, shall be deposited into the law enforcement fund created by this section.
Ala. Code § 45-2-244.185 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.185
Section 45-2-244.185 Recordkeeping
Status: in_force

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

Any person who shall fail to keep records as herein required or who shall refuse to permit such examination thereof or who violates any other provision hereof shall upon conviction be punished by a fine of not more than five hundred dollars ($500) for each violation of this section.
Ala. Code § 45-37-140.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-140.02
Section 45-37-140.02 Establishment of Districts
Status: in_force

Any area situated entirely within the county may be established as a district for fighting fires, or a district for garbage disposal, or a district for fighting fires and garbage disposal, or a district for medical rescue systems, or a district for parks and recreational facilities, in the manner hereinafter provided for. No land lying within the boundaries of a municipality at the time a district is formed shall be included in the district.
Ala. Code § 45-45-80.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-80.01
Section 45-45-80.01 Name of Commission and Fund
Status: in_force

(a) In Madison County, after June 13, 2003, the Madison County Work Release and Pre-Trial Release Commission shall be known as the Madison County Alternative Sentencing and Release Commission, or any successor name the members of the commission may adopt by resolution of the commission. Any reference in existing laws to the Madison County Work Release and Pre-Trial Release Commission shall be to the Madison County Alternative Sentencing and Release Commission, or any successor name of the commission.

(b) The commission, by resolution, may rename the Madison County Work Release and Pre-Trial Release Fund to appropriately reflect the name of the commission. Any reference in existing laws to the Madison County Work Release and Pre-Trial Release Fund shall be to the fund as renamed by the commission.
Ala. Code § 45-23-82.05 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-82.05
Section 45-23-82.05 Program Requirements; Records
Status: in_force

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

(1) The offender shall be eligible for and shall sign to have any bond on his or her case where diversion is sought based on personal recognizance, cash, or a property bond and not a security bond.

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

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

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

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

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

(b) The district attorney’s pretrial diversion program records or records related to pretrial diversion program admission are confidential records and shall not be admissible in subsequent proceedings, criminal or civil, except in a subsequent criminal sentencing, probation, youthful offender hearings, or otherwise in the discretion of the trial judge in accordance with Alabama Rules of Evidence.
Ala. Code § 45-1-82.09 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-82.09
Section 45-1-82.09 Written Agreement; Other Terms and Conditions
Status: in_force

(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the recommended sentence the offender is suggested to receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and to be subjected to receive a recommended specific sentence, this agreement concerning the offense and suggested or recommended sentence, or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate circuit or district judge of this state prior to admission of the offender in the pretrial diversion program.

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

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

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

(3) Financially support his or her spouse, children, or both, or pay child support, spousal support, or both.

(4) Refrain from the use of alcohol and drugs and refrain from frequenting places where alcoholic beverages or illegal controlled substances are sold, possessed, or used in violation of law.

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

(6) Obtain and maintain employment.

(7) Attend and pay for individual, group, or family counseling.

(8) Pay victim restitution, if any is due.

(9) Pay court costs, fines, or both, incurred as a result of the offense charged and any other amounts the offender owes state, federal, or local government as a result of the criminal offenses.

(10) Pay supervision fees, application fees pursuant to this subpart, and pay court referral officer fees, drug, alcohol, violence, or other self-help fees charged as a result of participation in the pretrial diversion program.

(11) Enter into an agreement with the district attorney that all fees paid for admission into the pretrial diversion program shall be forfeited to the use and benefit of the pretrial diversion program should the offender be removed from the pretrial diversion program by the district attorney for any cause.

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

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

(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in their written agreement, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and circumstances of the offender.
Ala. Code § 45-37-90.04 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-90.04
Section 45-37-90.04 Civic Center Authority - Powers; Officers; Contracts; Conflicts of Interest
Status: in_force

(a) The power of the authority shall be vested in and exercised by a majority of the members of the board of directors. The board may delegate to one or more of its members or its officers, agents, and employees such duties as it may deem proper. The board of directors shall elect a vice chair of the board, who shall serve as chair in the event of the chair’s absence. The board of directors shall also elect a treasurer and a secretary. The same person may serve as secretary and treasurer. The secretary and treasurer may or may not be a member of the board. The treasurer shall act as custodian of all the funds, from whatever sources derived, received by the authority. The treasurer shall deposit the monies in a separate account or accounts in one or more bank or banks or trust companies which are duly qualified and doing business in the State of Alabama. The authority may by resolution or by trust indenture securing the issuance of bonds then authorized designate a fiscal agent or trustee who shall be a bank or trust company duly qualified to do business in the State of Alabama and may authorize such fiscal agent or trustee to receive and disburse, upon such terms and conditions, and subject to such exceptions, if any, as may be specified in such resolution or trust indenture, all funds applicable to payment of the bonds.

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

(c) Contracts of the authority shall be executed in the name of the authority by the chair of the board of directors and attested by the secretary of the authority. Except for bonds, it is not required that the seal be impressed or printed on contracts. It is further provided hereby that except for bonds, the board of directors may provide by resolution for a different form for the execution of contracts, and for the execution thereof by an officer or agent other than the chair and secretary. But in no event shall a contract, irrespective of its form and of the persons executing the same, be binding unless such contract was authorized or ratified by the board of directors.

(d) The authority shall have authority to hire an architect or architects and enter into contracts for their services in designing and supervising the construction of any building, civic center, auditorium, arena, convention hall, music hall, art museum, places of recreation, art exhibits, office buildings, and other structures that it shall desire to construct.

(e) No member of the board of directors shall be interested, directly or indirectly, in any contract for work, material, or services, or the profits therefrom to be furnished or performed for the authority if such member has, directly or indirectly, more than a 10 percent interest in any business, firm, or corporation, or profits thereof, furnishing or providing such work materials or services.
Ala. Code § 45-21-130.02 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-130.02
Section 45-21-130.02 Duties
Status: in_force

It shall be the duty of the county engineer, (1) to employ, supervise, and direct all such assistants as are necessary properly to maintain and construct the public roads, highways, bridges, and ferries of Crenshaw County, and he or she shall have authority to prescribe their duties, and to discharge employees for cause, or when not needed; (2) to perform such engineering and surveying service as may be required, and to prepare and maintain the necessary maps and records; (3) to maintain the necessary accounting records to reflect the cost of the county highway system; (4) to build, or construct new roads, or change old roads, but only when ordered to do so by proper order of the county commission; (5) it shall be his or her further duty, insofar as is feasible to construct and maintain all county roads on the basis of the county as a unit, without regard to any district or beat lines.
Ala. Code § 45-27-81.02 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-81.02
Section 45-27-81.02 Additional Booking Fee in Certain Cases
Status: in_force

(a) In Escambia County, a booking fee in the amount of thirty dollars ($30) shall be assessed against and collected from each person booked or incarcerated into the Escambia County Detention Center and subsequently convicted. The fee assessed pursuant to this section shall be in addition to any fines, court costs, or other charges imposed.

(b) The booking fee imposed by this section shall be assessed against a defendant upon conviction by a court of law where the defendant is convicted. The clerk of the court shall enter the amount of the fee as provided in this section on the docket sheet and shall collect the fee in the same manner and the same time as court costs. Notwithstanding the foregoing, the fee shall not be deemed a court cost based on collection by the clerk.

(c) The revenues derived from the booking fee shall be distributed to the Escambia County Sheriff’s Law Enforcement Fund to be used by the Sheriff of Escambia County for salaries, training, operational expenses, or other law enforcement uses as determined by the sheriff to best meet the needs of his or her office.

(d) In any case where the booking fee provided by this section is not paid, the district attorney of the county may assist in the collection of the fee in the same manner as court-ordered monies. In addition, the sheriff may contract for the collection of the fee and pay a portion of the fee as a cost for collection.

(e) The sheriff may withhold funds equal to the amount of the booking fee from any funds held while a person is incarcerated in the Escambia County Detention Center and those funds may be applied toward any assessment of a booking fee pursuant to this section. Any funds withheld shall be repaid to the defendant if no conviction results after dismissal of all charges or acquittal.

(f) Any revenues derived from this section shall be in addition to other funding sources for the Escambia County Detention Center and the Escambia County Sheriff’s Department and shall not reduce or replace any funding from any other sources.
Ala. Code § 45-48-80.01 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-80.01
Section 45-48-80.01 Additional Court Costs - Divorce Cases
Status: in_force

(a) In addition to any court costs and fees now or hereafter authorized in Marshall County, an additional fee of twelve dollars fifty cents ($12.50) shall be charged and collected by the clerk of the court on each new divorce case filed in the county.

(b) The clerk of the court shall collect the fee in the same manner as other costs in the court and shall remit the fee to the Child Advocacy Center of Marshall County on a monthly basis to be used for the purposes of the center.
Ala. Code § 45-22-243.91 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-243.91
Section 45-22-243.91 Levy of Sales Tax
Status: in_force

(a) There is levied and imposed in the county, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax on account of the business activities and in the amount to be determined by the application of rates against gross sales or gross receipt, as the case may be, as follows:

(1) Upon every person, firm, or corporation (not including the State of Alabama or the Alabama Alcoholic Beverage Control Board or ABC stores) engaged or continuing within the county in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidence of debt or stocks), an amount equal to one percent of the gross proceeds of sales of the business, except where a different amount is expressly provided herein; provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified, when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as a retailer, on the gross sales of the business.

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

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

(4) Upon every person, firm, or corporation, engaged or continuing with- in the county in the business of selling at retail any automotive vehicle, truck trailer, semi-trailer, or house trailer, an amount equal to one-half of one percent of the gross proceeds of sale of the automotive vehicle, truck trailer, semi-trailer, or house trailer; provided, however, where a person subject to the tax provided for in this subdivision withdraws from his or her stock in trade any automotive vehicle or truck trailer, semi-trailer, or house trailer for use by him or her or by his or her employee or agent in the operation of such business, there shall be paid, in lieu of the tax levied herein, a fee of one dollar twenty-five cents ($1.25) per year, or part thereof, during which such automotive vehicle, truck trailer, semi-trailer, or house trailer shall remain the property of such person; provided, that each such year, or part thereof, shall be deemed to begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the 12 succeeding months, or part thereof, during which such automotive vehicle, truck trailer, semi-trailer, or house trailer shall remain the property of such person; and provided, further, that where any used automotive vehicle, truck trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.

(5) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, live-stock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, an amount equal to one-half of one percent of the gross proceeds of the sale thereof; provided, however, that the one-half of one percent rate prescribed in this subdivision with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities; provided, that where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

(b) There are exempted, however, from this section and from the computation of the amount of the tax imposed in this section, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales tax statutes from the computation of the amount of the state sales tax.
Ala. Code § 45-51A-33.217 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.217
Section 45-51A-33.217 Pension and Relief Funds
Status: in_force

All laws and parts of laws relating to pension, retirement, and relief funds for policemen, firemen, and other employees of the city, contained in the general or local laws of the state or in this code, as amended, as the same may apply and be in effect with respect to any city at the time when such city shall elect to be governed by this part, shall continue in full force and effect, and without interruption or change as to any rights which have been acquired thereunder, after adoption of the mayor-council form of government by such city.
Ala. Code § 45-49-90.16 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-90.16
Section 45-49-90.16 Construction of Part
Status: in_force

Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any powers which the corporation might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. Insofar as this part may be inconsistent with any other Mobile County law, this part shall control.
Ala. Code § 45-37-60.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-60.03
Section 45-37-60.03 Chief Coroner-Medical Examiner
Status: in_force

When there is only one coroner-medical examiner on the staff, he or she shall be the chief coroner-medical examiner. When there is more than one coroner-medical examiner on the staff, the governing body shall designate one of them as the chief coroner-medical examiner. Until such designation, the person who has been longest in the continuous service of the county as coroner-medical examiner shall be the chief coroner-medical examiner.
Ala. Code § 45-5-233.05 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-233.05
Section 45-5-233.05 Record of Sale; Rejection of Bid
Status: in_force

If property is sold at public auction, as provided in this part, 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 § 45-4-236 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-236
Section 45-4-236 Expense Allowance; Salary
Status: in_force

(a) The Sheriff of Bibb County shall receive an annual expense allowance of eight thousand four hundred eighty dollars ($8,480), payable in equal biweekly installments from the general fund of the county. This expense allowance shall be in addition to all other compensation or benefits granted to the sheriff and may be treated as compensation for retirement purposes.

(b) Effective beginning the next term of office, the annual salary of the Sheriff of Bibb County shall be increased by eight thousand four hundred eighty dollars ($8,480) and the expense allowance provided for in subsection (a) shall become null and void.

(c) In addition, the sheriff shall continue to receive any uniform cost-of-living or other salary increases granted by the county commission to other elected officials in the county.
Ala. Code § 45-37-21.05 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-21.05
Section 45-37-21.05 Prohibited Activities - Supplier
Status: in_force

A supplier shall not:

(1) Fail to provide each wholesaler of the brand or brands of the supplier with a written agreement which contains in total the agreement of the supplier with each wholesaler, and designates a specific exclusive sales territory. Any agreement which is in existence on May 22, 2013, shall be renewed consistent with this part; provided, that this part may be incorporated by reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory not designated to another wholesaler, until such time as a wholesaler is appointed by the supplier; and such wholesaler who is designated to service the sales territory during this period of temporary service shall not be in violation of this part, and, with respect to the temporary service territory, shall not have any of the rights provided under Sections 45-37-21.07 and 45-37-21.09.

(2) Fix, maintain, or establish the price at which a wholesaler shall sell any wine.

(3) Enter into an additional agreement with any other wholesaler for, or to sell to any other wholesaler, the same brand or brands of wine in the same territory or any portion thereof, or to sell directly to any retailer in this state.

(4) Coerce, or attempt to coerce, any wholesaler to accept delivery of any wine, or other commodity which has not been ordered by the wholesaler. Provided, however, a supplier may impose reasonable inventory requirements upon a wholesaler if the requirements are made in good faith and are generally applied to other similarly situated wholesalers having an agreement with the supplier.

(5) Coerce, or attempt to coerce, any wholesaler to accept delivery of any wine, or other commodity ordered by a wholesaler, if the order was cancelled by the wholesaler.

(6) Coerce, or attempt to coerce, any wholesaler to do any illegal act or to violate any law or any regulation by threatening to amend, modify, cancel, terminate, or refuse to review any agreement existing between the supplier and wholesaler.

(7) Require a wholesaler to assent to any condition, stipulation, or provision limiting the right of the wholesaler to sell the brand or brands of wine or other products of any other supplier unless the acquisition of the brand or brands or products of another supplier would materially impair or adversely affect the quality of service, sales, or ability to compete effectively of the wholesaler in representing the brand or brands of the supplier presently being sold by the wholesaler. The supplier shall have the burden of proving that such acquisition of such other brand or brands or products would have such effect.

(8) Require a wholesaler to purchase one or more brands of wine or other products in order for the wholesaler to purchase another brand or brands of wine for any reason. Provided, however, the wholesaler has agreed to distribute a brand or brands before May 22, 2013, shall continue to distribute the brand or brands in conformance with this part.

(9) Request a wholesaler to submit audited profit and loss statements, balance sheets, or financial records as a condition of renewal or continuation of an agreement.

(10) Withhold delivery of wine ordered by a wholesaler, or change a quota of a brand or brands of a wholesaler if the withholding or change is not made in good faith.

(11) Require a wholesaler by any means directly to participate in or contribute to any local or national advertising fund controlled directly or indirectly by a supplier.

(12) Take any retaliatory action against a wholesaler that files a complaint regarding an alleged violation by the supplier of federal, state, or local law or an administrative rule.

(13) Require or prohibit, without just and reasonable cause, any change in the manager or successor manager of any wholesaler who has been approved by the supplier as of or subsequent to May 22, 2013. Should a wholesaler change an approved manager or successor manager, a supplier shall not require or prohibit the change unless the person selected by the wholesaler fails to meet the nondiscriminatory, material, and reasonable standards and qualifications for managers of Alabama wholesalers of the supplier, which standards and qualifications previously have been consistently applied to Alabama wholesalers by the supplier. Provided, however, the supplier shall have the burden of proving that such person fails to meet such standards and qualifications which are nondiscriminatory, material, and reasonable and have been consistently applied to Alabama wholesalers.

(14) Upon written notice of intent to transfer the business of the wholesaler, interfere with, prevent, or unreasonably delay, not to exceed 30 days, the transfer of the business of the wholesaler if the proposed transferee is a designated member.

(15) Upon written notice of intent to transfer the business of the wholesaler other than to a designated member, withhold consent to or approval of, or unreasonably delay, not to exceed 30 days after receipt of all material information reasonably requested, a response to a request by the wholesaler for, any transfer of the business of the wholesaler if the proposed transferee meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. Provided, however, the supplier shall meet the burden of proving that the proposed transferee does not meet such standards and qualifications which are nondiscriminatory, material, and reasonable and have been consistently applied to Alabama wholesalers.

(16) Restrict or inhibit, directly or indirectly, the right of free association among wholesalers for any lawful purpose.
Ala. Code § 45-35-20.04 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-20.04
Section 45-35-20.04 Prohibited Activities
Status: in_force

(a) It shall be unlawful and no person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage or any simulation thereof within an establishment dealing in or permitting the consumption of alcoholic beverages or within 500 feet of an establishment dealing in or permitting the consumption of alcoholic beverages.

(b) It shall be unlawful and no person maintaining, owning, or operating an establishment dealing in or permitting the consumption of alcoholic beverages shall allow or permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage or simulation thereof within an establishment dealing in or permitting the consumption of alcoholic beverages or within 500 feet of an establishment dealing in or permitting the consumption of alcoholic beverages.

(c) It shall be unlawful and no person maintaining, owning, or operating an establishment dealing in or permitting the consumption of alcoholic beverages shall allow or permit any female person to expose to public view any portion of her breasts below the top of the areola or any simulation thereof within an establishment dealing in or permitting the consumption of alcoholic beverages.

(d) Within an establishment dealing in or permitting the consumption of alcoholic beverages or within 500 feet of an establishment dealing in or permitting the consumption of alcoholic beverages, it shall be unlawful and no person shall engage in and no person maintaining, owning, or operating an establishment dealing in or permitting the consumption of alcoholic beverages shall allow or permit any nudity, partial nudity, erotic bikini dancing, erotic conduct while partially nude, simulated nudity, topless dancing, or any other type of similar live entertainment including, but not limited to, erotic bikini dancing, or other entertainment where the entertainers, employees, dancers, or waiters appear nude or semi-nude or in the simulation thereof.

(e) Within an establishment dealing in or permitting the consumption of alcoholic beverages or within 500 feet of an establishment dealing in or permitting the consumption of alcoholic beverages, it shall be unlawful for any person to recklessly, knowingly, or intentionally appear, or to recklessly, knowingly, or intentionally cause or permit another person to appear, in public in a state of dress or undress that any of the male or female genitals, pubic area, and cleavage, the nipple and areola of the female breast or portions thereof are exposed to view, or are not completely covered with anything other than a full and opaque covering. Attire which is insufficient to comply with these requirements includes but is not limited to, those items known as G-strings, T-backs, dental floss, and thongs. Body paint, body dye, tattoos, latex, pasties tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering as required by this part.

(f) Distances referred to in this section shall be measured from property line to property line, without regard to the route of normal travel.
Ala. Code § 45-30-82.25 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-82.25
Section 45-30-82.25 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 § 45-13-233 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-233
Section 45-13-233 Fees for Services
Status: in_force

(a) The Sheriff of Clarke County may charge and collect a reasonable fee for services, including, but not limited to, all of the following: (1) Fingerprinting. (2) Reports. (3) Copies of various requested records. (4) Photo identification cards. (5) Funeral duties. (6) Court-ordered ankle monitors. (b) The sheriff may not charge a fee authorized in subsection (a) to either of the following: (1) A law enforcement agency or law enforcement officer requesting a service for law enforcement purposes. (2) The district attorney or a grand jury requesting a service for a law enforcement, investigatory, or prosecutorial function. (c)(1) The sheriff shall remit the fees collected pursuant to this section periodically to the Clarke County Commission. (2) The county commission shall deposit all monies collected pursuant to subdivision (a)(6) in the Sheriff’s Fund, created pursuant to Section 45-13-232 for law enforcement purposes in the county. (d) The proceeds of the fees collected pursuant to this section shall not diminish or take the place of any other source of income for the county or the sheriff’s office.

(1) Fingerprinting.

(2) Reports.

(3) Copies of various requested records.

(4) Photo identification cards.

(5) Funeral duties.

(6) Court-ordered ankle monitors.

(b) The sheriff may not charge a fee authorized in subsection (a) to either of the following:

(1) A law enforcement agency or law enforcement officer requesting a service for law enforcement purposes.

(2) The district attorney or a grand jury requesting a service for a law enforcement, investigatory, or prosecutorial function.

(c)(1) The sheriff shall remit the fees collected pursuant to this section periodically to the Clarke County Commission.

(2) The county commission shall deposit all monies collected pursuant to subdivision (a)(6) in the Sheriff’s Fund, created pursuant to Section 45-13-232 for law enforcement purposes in the county.

(d) The proceeds of the fees collected pursuant to this section shall not diminish or take the place of any other source of income for the county or the sheriff’s office.
Ala. Code § 45-27A-31.16 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.16
Section 45-27A-31.16 Exemption from Competitive Bid Laws
Status: in_force

The authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract to be entered into by municipalities or public corporations authorized by them, including, but without limitation to, the provisions of Article 3, commencing with Section 41-16-50, of Chapter 16, Title 41, as it may at any time be amended.
Ala. Code § 45-37A-50.09 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-50.09
Section 45-37A-50.09 Duties of Chair
Status: in_force

The chair of the board shall have all of the following duties:

(1) To preside over all board meetings.

(2) To set the meeting dates and times of all board meetings consistent with state law.

(3) To set the agenda of the board meetings in consultation with the city superintendent of education.

(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) To maintain order at all board meetings.

(6) To assist the superintendent in seeking public input into the operation and support of the city school system.

(7) To vote on all matters which come before the board if he or she so desires.

(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) To promote the city school system as authorized by the board.
Ala. Code § 45-14-82.03 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-82.03
Section 45-14-82.03 Fees; Refunds
Status: in_force

Except as hereinafter provided, the probate judge shall be entitled to charge and collect the same fees that are provided for by law. For the performance of duties relative to the recording of the transfer of the ownership of motor vehicles as prescribed by statute, the probate judge shall charge and collect a fee of one dollar ($1). 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 statute.
Ala. Code § 45-11-172.06 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-172.06
Section 45-11-172.06 Penalties for Owner of Dangerous Dog
Status: in_force

(a) An owner of a dangerous dog who violates this part shall be guilty of a misdemeanor punishable by a fine of not more than three hundred dollars ($300) for the first offense and not more than six hundred dollars ($600) for each subsequent offense. Additionally, for each offense, the owner of a dangerous dog who violates this part shall pay an administrative fine of one hundred fifty dollars ($150) to be collected by the Chilton County Circuit Clerk. The fine shall be forwarded by the circuit clerk to the Chilton County Commission to be deposited into the General Fund of Chilton County to be used as a first priority to carry out the purposes of this part.

(b) If a dog that has previously been declared dangerous, when unprovoked, attacks, assaults, wounds, or causes severe physical injury, or kills a human being, the owner or keeper of the dog shall be guilty of a Class C felony punishable by a fine of not more than five thousand dollars ($5,000) or imprisonment of not more than two years, or both. The dog control authority may confiscate and, after the expiration of 10 working days after the owner has been notified, destroy the dangerous dog. The 10-day time period shall allow the owner to request a due process hearing. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. Additionally, for each offense, the owner of a dangerous dog who violates this part shall pay an administrative fine of one hundred fifty dollars ($150) to be collected by the Chilton County Circuit Clerk. The fine shall be forwarded by the circuit clerk to the Chilton County Commission to be deposited into the General Fund of Chilton County to be used as a first priority to carry out the purposes of this part.

(c) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, and the owner of the dog had prior knowledge of the dangerous propensities of the dog yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a misdemeanor punishable by a fine of not more than three hundred dollars ($300) for the first offense and, for a second or subsequent offense, punishable by a fine of not more than six hundred dollars ($600). In addition, the dog shall be immediately confiscated by an animal control authority, held for 10 business days after the owner is given written notification, and thereafter destroyed in an expeditious and humane manner. This 10-day period shall allow the owner to request a due process hearing. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. Additionally, for each offense, the owner of a dangerous dog who violates this part shall pay an administrative fine of one hundred fifty dollars ($150) to be collected by the Chilton County Circuit Clerk. The fine shall be forwarded by the circuit clerk to the Chilton County Commission to be deposited into the General Fund of Chilton County to be used as a first priority to carry out the purposes of this part.

(d) This section shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this part is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.
Ala. Code § 45-2-244.033 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.033
Section 45-2-244.033 Recordkeeping
Status: in_force

All distributors, storers, and retail dealers shall keep for not less than three years within the State of Alabama at some certain place or office such books, documents, or papers as will clearly show the amount of sale or withdrawals of gasoline and motor fuel made in Baldwin County taxed under this subpart.
Ala. Code § 45-16-82.34 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.34
Section 45-16-82.34 Advisory Board
Status: in_force

The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance of individuals or administration of the program regardless of the board’s views. It shall be the district attorney’s decision who and how many persons will comprise the board and when or if it should meet.
Ala. Code § 45-45-200.02 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-200.02
Section 45-45-200.02 Residential Building Permit Fee; North Alabama Homebuilding Academy
Status: in_force

(a) The Legislature finds that there is a shortage of individuals skilled in trades relating to the residential construction industry in Madison County, including municipalities that are located wholly or partially within the county and that, as authorized under Amendment 772 to the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the county and municipalities of the county may lend credit to or grant public funds and things of value in aid of the promotion of the residential construction industry within Madison County.

(b) The Madison County Commission and the governing bodies of any municipality located wholly or partially within Madison County may levy up to twenty dollars ($20), in addition to any other amount authorized by law, for the issuance of a residential building permit. A municipality may levy the fee within its corporate limits. The term residential building permit includes building permits, mechanical permits, plumbing permits, electrical permits, and any other fee required for the construction or remodeling of a new or existing residential structure.

(c) All amounts levied and collected under this section shall be deposited into the treasury of the respective governing body that collected the levy and shall be disbursed by that governing body to the North Alabama Homebuilding Academy, which shall use the funds to train individuals in skilled trades relating to the residential construction industry, including, but not limited to, the following:

(1) Home building.

(2) Framing.

(3) Carpentry.

(4) Electrical.

(5) Plumbing.

(6) Masonry.

(7) Residential painting.

(8) Sheet rock installation and repair.

(9) Landscaping.

(10) HVAC.

(11) Pipe fitting.

(d)(1) Before levied funds are distributed to the academy, the academy shall submit annually a proposed operating budget to the county commission for review and approval. The proposed annual budget shall be submitted no later than December 1 of each year. The annual budget shall include a breakdown of all anticipated operational costs and projected workforce programs to be provided.

(2) Upon approval of the academy’s annual budget by the county commission, the county commission and the governing body of each participating municipality shall disburse annually the levy to the academy. Each governing body shall disburse its proportionate share, based on the percentage of the population of the county attributable to the population of that governing body according to the most recent federal decennial census.

(3) After a governing body has fully disbursed its annual obligated amount to the academy, any remaining funds from the levy shall be used to provide inspection services within its jurisdiction. The funds shall be used to fund employees, agents, training, equipment, and other items associated with providing inspection services.

(e) Funds collected pursuant to this section may not be used to develop or provide continuing education required by any professional licensing board located within this state.

(f)(1) The North Alabama Homebuilding Academy shall be audited annually by a licensed independent certified public accountant approved by the county commission. No later than June 1 of each year, the academy shall provide a report of the programs and activities of the academy, as well as a full copy of its annual audited financial statements, to the county commission and the governing bodies of any municipality located wholly or partially within Madison County.

(2) At its discretion and without cause, the county commission may require the academy to be subject to an audit at a time earlier than the academy’s annual audit.

(g) A governing body that elects to levy an additional fee for the issuance of a residential building permit, as authorized by this section, shall provide not less than 120 days’ written notice to the North Alabama Homebuilding Academy prior to electing to discontinue the levy and collection of the fee.

(h) The collection of the additional fee for the issuance of a residential building permit shall cease if the North Alabama Homebuilding Academy terminates its operations. Upon termination of the operations of the academy, any funds collected by the county commission or the governing body of any municipality for the use and benefit of the academy shall be distributed to the respective governing body for providing inspection services within its jurisdiction.
Ala. Code § 45-26-80.03 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-80.03
Section 45-26-80.03 Additional Booking Fee in Certain Cases
Status: in_force

(a) In Elmore County, a booking fee in the amount of twenty-five dollars ($25) shall be assessed by the clerk of the court as court costs against each defendant incarcerated in or booked in the Elmore County Jail if the defendant is convicted or pleads guilty in cases prosecuted in the circuit court or district court of the county.

(b) The clerk of the court shall enter the booking fee on the docket sheet and collect the fee in the same manner and at the same time as other court costs are collected. The booking fee assessed pursuant to this section shall be in addition to all other fines, court costs, or other charges now or hereafter provided by law. The court costs provided by this section shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(c) The clerk of the court shall remit the booking fees collected pursuant to this section on a monthly basis to the Elmore County Commission to be deposited in the county general fund to be used for the operation of the Sheriff’s Office to provide additional motor vehicles and information technology equipment and for other law enforcement purposes.
Ala. Code § 45-3-111 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-111
Section 45-3-111 Establishment of Voting Centers
Status: in_force

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

(b) Pursuant to subsection (c) of Section 17-6-4, the Barbour County Commission may establish voting centers by combining voters from two or more precincts in order to create new voting centers in order to facilitate or reduce costs for elections and may otherwise provide for voting centers. Voting centers considered by the commission shall include, but shall not be limited to, the following voting centers:

(1) A new voting center located at the Eufaula Water Board, 840 Washington Street, Eufaula, to serve certain voters in District 1, Precincts 6 and 11.

(2) A new voting center at the Baker Hill Town Hall, 1896 State Highway 131, Eufaula, to serve certain voters in the Western part of District 5, Precinct 4.

(3) A new voting center at the Bevell Center, 3223 South Eufaula Avenue, Eufaula, to serve certain voters in the Eastern part of District 5, Precincts 4 and 1.

(4) A new voting center at the Eufaula Community Center, 452 Lake Drive, Eufaula, to serve certain voters in District 2, Precinct 7.

(5) A new voting center at the Clio City Hall, 3311 Elamville Street, Clio, to serve certain voters in District 7, Precinct 2.
Ala. Code § 45-54-241.05 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-241.05
Section 45-54-241.05 Severability
Status: in_force

None of the provisions of this part shall be applied in a manner to violate the Commerce Clause of the United States Constitution. If a provision of this part is held invalid, the invalidity shall not affect the remaining provisions of this part.
Ala. Code § 45-27A-30.03 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-30.03
Section 45-27A-30.03 Standards for Admission
Status: in_force

(a) Admittance of an offender into the pretrial diversion program shall be appropriate if all of the following requirements are met:

(1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense or violation was committed.

(2) There is a probability that justice will be served if the offender is placed in the pretrial diversion program.

(3) It is determined that the needs of the city and of the offender can be met through the pretrial diversion program.

(4) The offender appears to pose no substantial threat to the safety and well-being of the community.

(5) It appears the offender is not likely to be involved in further criminal activity.

(6) The offender will likely respond to rehabilitative treatment.

(7) The offender has no previous record of committing the offense or offenses or violation or violations with which he or she is charged.

(b) The municipal prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Ala. Code § 45-45-21 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-21
Section 45-45-21 Regulation of Sale of Alcoholic Beverages on Sunday
Status: in_force

(a)(1) This section only applies to Madison County.

(2) This section applies to the sale of alcoholic beverages on Sunday by retail licensees of the Alcoholic Beverage Control Board of Alabama.

(b)(1) The governing body of any municipality within the county, by ordinance adopted by a simple majority, may authorize and permit the sale of alcoholic beverages within the corporate limits of the municipality on Sunday in the same manner as permitted on other days of the week.

(2) The County Commission of Madison County, by resolution adopted by a simple majority, may authorize and permit the sale of alcoholic beverages within the unincorporated areas of the county on Sunday in the same manner as permitted on other days of the week.

(c) The provisions of this section are cumulative and supplemental to the present power and authority of the county and municipalities located therein, and this section is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the county or municipalities now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-1-235.01 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-235.01
Section 45-1-235.01 Sale of Perishable Property
Status: in_force

If the abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for the property. The proceeds of such a sale shall be held in a separate account for a period of six months for the owner. During this period, the proceeds will be paid to the owner upon demand, less any cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property, the net funds shall be paid to the Office of the Sheriff of Autauga County.
Ala. Code § 45-49-83.41 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-83.41
Section 45-49-83.41 Creation; Procedures; Collection and Distribution of Funds; Enforcement
Status: in_force

The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery Unit of the Special Services Division. The district attorney, after electing to establish the unit, shall assign sufficient staff and resources to effectively operate the unit. The recovery unit shall be created for the purpose of the administration, collection, and enforcement of court costs, fines, fines for failure to appear in court, victim compensation assessments, bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding, quasi-criminal, or any other court proceeding by any court including, but not limited to, municipal courts, district courts, and circuit courts payable to the state, the county, to any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any court order or judgment entered which has not been otherwise vacated or judicial relief given from the operation of the order or judgment, and to enforce the obligations imposed by the receipt of traffic citations.

(1) After a defendant becomes delinquent in paying a court-ordered sum resulting from any criminal proceeding or has failed to appear in court as required by the receipt of a traffic citation, the court may issue a writ of arrest and then notify the recovery unit that the writ has been issued.

(2) Upon receipt of the warrant for the arrest of the delinquent defendant, the recovery unit shall issue a notice to the individual that a warrant has been issued for his or her arrest. The notice may be sent by mail or delivered in person. The notice shall inform the defendant that he or she may be eligible for deferred prosecution for violation of the court’s order by voluntarily surrendering to the recovery unit within 10 business days from the date of the notice.

(3) Upon voluntary surrender, the defendant may be presented with the arrest warrant and prosecution may be deferred upon payment of the previously ordered sums to the recovery unit. Upon election by the recovery unit, the defendant may sign an agreement which contains the terms by which the previously ordered sums and a service charge may also be paid. In the event of unpaid traffic citations, the recovery unit may obtain from the defendant an agreement to pay such sums as agreed upon by the court involved to be imposed for the offense charged in the citation.

(4) After issuing the notice, if the defendant does not voluntarily surrender to the recovery unit within the 10 business days prescribed in the notice, the writ of arrest may be prosecuted.

(5) The recovery unit shall assess and collect a service charge of 30 percent of the total amount of the court-ordered sum or the sum which the court has agreed to accept in the case of unpaid traffic citations for each defendant referred to the recovery unit. This service charge shall be added to the sum of the total amount owed by the defendant. After collection, the 30 percent service charge shall be paid to the Mobile County Treasury in a fund known as the Recovery Unit Fund and distributed as follows:

a. Seventy percent of the funds collected as service charges shall be used and expended by the district attorney to defray the lawful expenses incurred by the office of the district attorney. The district attorney may requisition and expend these funds for those purposes. The treasurer or other authorized officer of the county shall make disbursement of the funds upon requisition of the district attorney.

b. Thirty percent of the funds collected by the recovery unit as a service charge shall be distributed.

1. The municipal court funds received from the service charge shall be distributed to the city general fund. The city may disburse the funds as deemed necessary.

2. The district and circuit court funds received from the service charge shall be distributed to the Mobile County Community Corrections Center to be expended for any lawful purposes related to the operation of the Mobile County Community Corrections Center.

(6) The distribution of the funds pursuant to subdivision (5) shall not reduce the amount payable to the district attorney or to the court under any other existing state, local, or general legislative act or acts, or otherwise reduce or affect the amount of funding of the budget of the court as otherwise allocated. The funds shall be audited pursuant to existing law.

(7) The remainder of the fees, fines, penalties, charges, court costs, assessments, restitution amounts, and bail bond forfeitures, collected by the recovery unit, before the deduction for service charges, shall be paid to the court having jurisdiction for disbursement in accordance with existing law.

(8) After a defendant has been sent notification by mail of the warrant issued for arrest and upon voluntarily surrendering to the recovery unit, the unit may enter into an agreement with the defendant as to the terms by which the defendant shall satisfy payment of the previously court-ordered sums and service charges to the recovery unit. The terms of the agreement shall be determined on a case-by-case basis by the recovery unit. The initial duration of any agreement shall not be longer than six months at which time a review shall be conducted to determine if the agreement should be extended or voided. No interest may be charged or collected by the recovery unit. The agreement shall be signed by the defendant and shall be ratified by the recovery unit before the agreement becomes effective. If the defendant does not honor the agreement, the office of the district attorney may proceed with the prosecution of the defendant.

(9) Upon the failure of the defendant to comply with the terms of the agreement signed by the defendant or failure to voluntarily surrender to the recovery unit, the office of the district attorney may proceed with the enforcement of the court’s order of arrest. The defendant shall be required to satisfy all conditions of the court’s order as well as all service charges assessed pursuant to this subpart. This subpart shall not prohibit the office of the district attorney from proceeding with the prosecution of any violation as currently provided by law.

(10) This subpart encompasses the collection of all fines, costs, victim compensations, bail bonds, forfeitures, penalty payments, restitutions, unpaid traffic citations, or like payments which are unpaid in whole or part as of and after July 31, 1995.
Ala. Code § 45-8A-23.185 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.185
Section 45-8A-23.185 No Contract Executed until Bond Ordinance Effective
Status: in_force

No contract shall be executed for the acquisition of any property or the construction of any improvement to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds shall have taken effect and any contract executed before such day shall be voidable.
Ala. Code § 45-10-244.36 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.36
Section 45-10-244.36 Applicability of State Sales Tax Statutes
Status: in_force

All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of reports and keeping and preserving records with respect thereto, penalties for failure to pay the tax, the promulgation of the rules and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes, which are not inconsistent with the provisions of this subpart when applied to the tax authorized to be levied in Section 45-10-244.32 shall apply to the county tax levied under this subpart. The State Commissioner of Revenue and the State Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the county tax levied under this subpart that are imposed on such commissioner and department, respectively, by the state tax statutes. All provisions of the state sales tax statutes that are made applicable by this subpart to the county tax levied under this subpart and to the administration and enforcement of this subpart are hereby incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-40-140.04 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-140.04
Section 45-40-140.04 Determination of Affected Areas and Owners; Notice and Hearing
Status: in_force

The County Commission of Lawrence County is authorized to appoint agents and delegate authority to individuals to search out forest lands in Lawrence County, determine the area and owners thereof, and report same to the Tax Assessor of Lawrence County who shall be authorized, after notice by certified mail to the owners, and hearing before the county commission if so requested by the owners, to place the financial charge or tax against the forest lands as may be determined by the report of the agents or the determination of the county commission.
Ala. Code § 45-52A-61.08 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-61.08
Section 45-52A-61.08 Board of Education - Chair and Vice Chair
Status: in_force

The chair and the vice chair shall be elected from the membership of the board. The chair shall have all of the following duties:

(1) Preside over all board meetings.

(2) Set the meeting dates and times of all board meetings consistent with state law.

(3) Set the agenda of the board meetings in consultation with the city superintendent of education.

(4) Ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) Maintain order at all board meetings.

(6) Assist the superintendent in seeking public input into the operation and support of the city school system.

(7) May vote on matters that come before the board.

(8) Ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) Promote the city school system as authorized by the board.
Ala. Code § 45-1-243.02 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-243.02
Section 45-1-243.02 Authorization of Levy of Use Tax
Status: in_force

(a) The governing body of the county is hereby authorized to levy and impose excise taxes on the storage, use, or other consumption of property in the county as hereinafter provided in this section:

(1) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of tangible personal property (not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships, and other watercraft of more than 50 tons burden) purchased at retail on or after the effective date of such tax, for the storage, use, or other consumption in the county on or after the effective date of such tax, at the rate of not exceeding one percent of the sale price of such property, except as provided in subdivisions (2), (3), (4), and (5);

(2) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county, at the rate of not exceeding one-half of one percent of the sales price of any such machine; provided, that the term “machine,” as used herein shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and are customarily so used;

(3) An excise tax is hereby authorized to be levied and imposed on the storage, use, or other consumption in the county of any automotive vehicle, truck, trailer, semi-trailer, or house trailer purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county at the rate of not exceeding one-half of one percent of the sales price of such automotive vehicle, truck, trailer, semi-trailer, or house trailer; provided, that where any used automotive vehicle, truck, trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax herein authorized to be levied shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade; and

(4) An excise tax is hereby levied and imposed on the storage, use, or other consumption in the county of any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment and attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment which is purchased at retail after the effective date of this ordinance, for the storage, use, or other consumption in the county at the rate of one-half of one percent of the sales price of such property within the county, regardless of whether the retailer is or is not engaged in the business in this county. Provided, however, the one-half of one percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment taken in trade; and

(5) An excise tax is hereby authorized to be levied and imposed on the classes of tangible personal property, and at not exceeding the rate authorized to be imposed on such classes, specified in subdivision (1), (2), (3), or (4), on the storage, use or other consumption in the performance of a contract in the county of any such tangible personal property, new or used, the tax to be measured by the sales price or the fair and reasonable market value of such tangible personal property when put into use in the county, whichever is less; provided, however, the tax authorized to be imposed by this subdivision shall not apply where the taxes imposed by subdivision (1), (2), (3), or (4) apply.

(b) There are exempted from the provisions of this section, and from the taxes authorized to be imposed by this section, the storage, use, or other consumption of property the storage, use, or other consumption of which is presently exempted under the state use tax statutes from the state use tax. Subject to those exemptions, every person storing or using or otherwise consuming in the county tangible personal property purchased at retail on or after the effective date of such taxes shall be liable for the taxes authorized to be imposed by this section, and the liability shall not be extinguished until the tax has been paid by such person; provided, however, that a receipt from a registered seller given pursuant to Section 45-1-243.05 to the purchaser of any property to be used, stored or consumed in the county shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.
Ala. Code § 45-27-82.22 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-82.22
Section 45-27-82.22 Standards for Admission
Status: in_force

(a) Diversion shall be appropriate if:

(1) The offender is 18 years of age or older at the time the alleged offense was committed.

(2) There is a likelihood justice will be served if the offender is placed in the diversion program.

(3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program.

(4) The offender poses no substantial threat to the safety and well-being of the community.

(5) It appears the offender is not likely to be involved in further criminal activity.

(6) The offender will likely respond to rehabilitative treatment.

(b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Ala. Code § 45-22-231.03 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-231.03
Section 45-22-231.03 Records of Abandoned and Stolen Firearms; Sale or Destruction
Status: in_force

(a) For the purposes of this section, the term “firearm” shall have the same meaning as defined in Section 13A-8-1.

(b) The Sheriff of Cullman County shall keep and maintain a separate permanent record of all abandoned and stolen firearms not subject to disposition by general law. The records shall include a description of the firearm, the date of recovery of the firearm, the serial or other identifying number, if any, of the firearm, and the place of recovery of the firearm.

(c) Unless otherwise provided by law, the sheriff may sell or destroy a firearm if all of the following have occurred:

(1) The firearm has been recorded pursuant to subsection (b).

(2) The sheriff has possessed the firearm for at least six months.

(3) The owner of the firearm has not claimed the firearm.

(d)(1) The sheriff may sell or trade firearms pursuant to subsection (c) only to gun dealers who have held an active business license in this state for at least one year immediately prior to the date of the sale or trade.

(2) The sheriff shall establish a procedure to notify gun dealers of all firearms available for trade or sale.

(3) Proceeds of a sale, after deducting and paying all expenses incurred in the recovery, maintenance, and sale of the firearm, shall be dispersed as follows:

a. Seventy percent to the office of the sheriff.

b. Thirty percent to the office of the district attorney.

(e) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff department funds for that purpose.
Ala. Code § 45-28A-42.54 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-42.54
Section 45-28A-42.54 Management and Control of Retirement Fund
Status: in_force

(a) The board of trustees of the policemen’s and firemen’s retirement fund is hereby declared to be the trustee of the policemen’s and firemen’s retirement fund and shall have the exclusive management and control thereof, and all matters legitimately connected therewith. The board of trustees shall have the power to recommend such rules and regulations as may be necessary to enable it to effectively and properly to carry into execution the purposes for which it was organized and created, and to enable it properly to manage and conduct the business entrusted to it, provided such rules and regulations shall in no way contravene this subpart; and provided further that such rules and regulations so recommended shall not become effective until written notice of such recommendations is posted in all police and fire stations of the city, and after 10 days’ notice thereof, an election is held in each of the departments, in which election a simple majority of the contributing members in each of the departments, by secret ballot, vote in favor of such recommendations. The board of trustees shall hear and decide all applications for pensions or relief under this subpart and its decisions shall be final except for an appeal as hereinafter provided. The board of trustees shall meet whenever the chair thereof or a majority of the board of trustees shall call a meeting of such board.

(b) Revenues from the following sources shall be in the amounts provided herein and shall be paid into the policemen’s and firemen’s retirement funds of the City of Gadsden:

(1) A five dollar ($5) court cost shall be added on all cases resulting in conviction in the recorder’s court of the city to which this subpart applies.

(2) A three dollar ($3) fee shall be charged for all fire reports and forms; an additional one dollar fifty cents ($1.50) per picture requested by any insurance firm or individual other than the news media and other fire departments or their representatives shall be charged. Rent and paper for the machine shall be charged to the fund.

(3) A three dollar ($3) fee shall be charged on all identification pictures, report copies, and fingerprints requested from the police department. This fee shall not be charged or collected from law enforcement agencies when obtaining pictures, report copies, and fingerprints for use in law enforcement.

(4) All seized or unclaimed property impounded by the city police department to which this subpart applies and sold after a period of one year, at public auction.

(5) All motor vehicles impounded by the city police department to which this subpart applies shall have a minimum of five dollars ($5) as impounded fee attached, including a one dollar ($1) per day storage fee to be collected by the city.

(6) All impounded motor vehicles not claimed or transferred back to the owner within 90 days shall be auctioned to the public.

(7) Upon approval of the governing body, all city facilities, buildings, property, and concessions upon availability shall be open to the use of the fire and police department’s pension committee to have benefits and other fund raisings at actual cost.

(8) The governing body of the city to which this subpart applies shall cause to be paid into the policemen’s and firemen’s retirement fund, out of the treasury of the city, commencing October 1, 1980, an amount equal to 20 percent of the salary of each member of such police and fire departments who contributes to the fund, and such payment shall be made as and when such salary becomes payable. The governing body of the city, to which this subpart applies, shall cause to be paid into the policemen’s and firemen’s retirement funds, out of the treasury of the city, beginning October 1, 1981, an amount equal to 22 percent of the salary of each member of such police and fire departments who contributes to the fund; commencing October 1, 1982, the governing body of the city to which this subpart applies shall cause to be paid into the policemen’s and firemen’s retirement fund, out of the treasury of the city, an amount equal to 24 percent of the salary of each member of such police and fire departments who contributes to the fund; commencing on October 1, 1983, the governing body of the city to which this subpart applies shall cause to be paid into the policemen’s and firemen’s retirement fund, out of the treasury of the city, an amount equal to 26 percent of the salary of each member of such police and fire departments who contribute to the fund. All such payments provided for by the governing body of the city shall be made as and when such salary becomes payable.

(9) Commencing in January 1983, and each two years thereafter, the board of trustees of the policemen’s and firemen’s pension fund shall contract with a qualified actuarial consulting firm to study the financial condition and stability of the fund and make recommendations regarding the fund to the board of trustees. The cost of the actuarial study shall be paid equally and jointly by the City of Gadsden and by the policemen’s and firemen’s pension fund.

(10) Ten percent of the monthly salaries of each member of the police and fire departments shall be paid by the city clerk to the secretary-treasurer of the board of trustees on the first day of each month, and 10 percent of such salaries shall be deducted from the salaries paid each member. Except, however, commencing on January 1, 1983, 11 percent of the monthly salaries of each member of the police and fire departments shall be paid by the city clerk to the secretary-treasurer of the board of trustees on the first day of each month, and 11 percent of such salaries shall be deducted from the salaries paid each member.

(11) In the event the City of Gadsden levies a tax on fire and burglary insurance premiums, the proceeds of such tax shall be earmarked for the policemen’s and firemen’s pension fund.

(12) The City of Gadsden shall be responsible for the financial stability of the fund, and is hereby authorized, by ordinance, to take whatever steps it deems necessary to obtain additional revenue to insure the financial stability of the fund.
Ala. Code § 45-40-245.04 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-245.04
Section 45-40-245.04 Charge for Collection
Status: in_force

The county commission may retain and deposit to the general fund of the county, for general fund purposes and uses, including the administration of this subpart, up to 10 percent of the total amount of any tax collected in the county under this subpart. The amount shall be in lieu of any payment for collecting the tax and may be deducted each month from the gross revenues from the tax before distribution of the balance of the tax as provided by law.
Ala. Code § 45-37A-331.35 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.35
Section 45-37A-331.35 Jurisdiction of Midfield Municipal Court; Hearings; Liability; Evidence and Procedure; Defenses
Status: in_force

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

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

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

(d) The civil fine shall not be assessed if, after a hearing, the Midfield Municipal Judge enters a finding of no liability.

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 45-37A-331.34.

(2) Within the 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.
Ala. Code § 45-2-22.12 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-22.12
Section 45-2-22.12 Provisions Cumulative
Status: in_force

This part is cumulative, and supplements and is in addition to Sections 28-8-1 to 28-8-8, inclusive.
Ala. Code § 45-41-141.13 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-141.13
Section 45-41-141.13 Conduct of Special Elections
Status: in_force

(a) The managers, inspectors, or other officers of any special election authorized to be held under and pursuant to this part shall be appointed, and such special election shall be held, in the same manner and by the same officers as a regular election for county officers, under the general election laws of the state; provided, that if such special election is held at the time for holding such regular election in the county, then the election officers of such regular election shall conduct such special election at the same time as such regular election, and for such services they shall receive no compensation other than that allowed them for the holding of such regular election. If such special election is held at some other time than that of holding such regular election in the county, then the aforesaid election officers shall receive the same pay as that for holding such regular election. All expenses for holding any such special election shall be paid out of the treasury of the county and, as provided in Section 45-41-141.11, may be paid or reimbursed out of any district fire protection fund established or to be established with respect to such district.

(b) The aforesaid election officers for such special election shall conduct and make return thereof in the district for which such special election has been called by the commission; and, in the event such election officers fail to appear at the polling place to which they are appointed, the officer or officers who do appear shall appoint someone to take their places. Unless such special election is held at the time for holding a regular election for county officers, all such election officers shall be residents of such district and qualified electors of the beat or precinct in which they reside. The sheriff shall notify all such election officers of their appointment. The polls shall be opened and closed on the day of such special election by the managers thereof, at the times provided therefor under the general laws of the state. Immediately upon closing the polls, such managers shall ascertain the results of the special election at their respective voting places, make returns of the same to the commission, and deliver the ballot box containing the returns, with the poll lists, tally sheets and other necessary papers, to the returning officers of such voting places, who shall deliver the same to the commission on or before noon at the second day after the day of such special election.
Ala. Code § 45-57-244.60 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244.60
Section 45-57-244.60 Payment of County or Municipal Sales and Use Tax on Purchases for Construction, Maintenance, or Repair by the Commission
Status: in_force

In Russell County, the Russell County Historical Commission shall be exempt from any county or municipal sales and use tax on any purchases for the construction, maintenance, or repair of any location or facility operated by the commission.
Ala. Code § 45-30-240.72 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-240.72
Section 45-30-240.72 Maintenance of Records; Public Access
Status: in_force

(a) As used in this section public officer means the Tax Assessor and the Revenue Commissioner of Franklin County.

(b) Every public officer having custody of any public writing, record, or document, including, but not limited to, property record cards and work cards, shall permit any person to inspect and have direct access to any public writing, record, or document, as required by law.

(c)(1) During the hours the Franklin County Courthouse is open, an employee in the office of the tax assessor or the revenue commissioner shall be assigned to the room where property record cards and work cards are stored. In addition to his or her regular responsibilities, the employee shall have the responsibility to make certain that the public has direct access to the property record cards or work cards, or both. The responsibilities of the employee shall also include preserving and protecting the property record cards and work cards.

(2) In no case shall the property record cards or work cards, or both, be allowed to leave the room where they are stored, except under the direct supervision of the tax assessor, revenue commissioner, or his or her designee.

(3) A register shall be maintained by the employee assigned to the room where the property record cards and work cards are stored. The register, as a minimum, shall include the following:

a. Visitors who enter the room where the property record cards and work cards are stored shall sign in.

b. The property record cards and work cards reviewed during the visit shall be listed on the register. This register shall be kept confidential by the tax assessor or revenue commissioner, as to not violate client confidentiality.

c. The visitor shall sign out as he or she exits the room where the property record cards and work cards are stored.

d. The employee shall sign the register showing that the property record cards and work cards have been returned by the visitor.

(4) Absolutely no money shall be kept in the room where the property record cards and work cards are stored.

(5) This section shall be in effect during the hours in which the Franklin County Courthouse is open to the public.

(d) It is the responsibility of the tax assessor to keep property record cards and work cards updated.
Ala. Code § 45-2-243.60 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.60
Section 45-2-243.60 Savings Provision
Status: in_force

The provisions of this subpart are cumulative, and it shall not repeal any local law granting similar duties to the Baldwin County Commission unless inconsistent or in direct conflict herewith.
Ala. Code § 45-37-83.20 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-83.20
Section 45-37-83.20 Additional Fee - Family Court Probation Fund
Status: in_force

(a) In Jefferson County, in addition to all other costs and charges in district court cases, a fee of four dollars ($4) shall be charged and collected by the clerk of the district court. This charge shall not be collected on traffic cases. The net monies derived from the charges hereinabove prescribed shall be remitted to the office of the family court administrator, who shall deposit such monies in the Family Court Probation Fund.

(b) There is hereby established a Family Court Probation Fund for the deposit of the above described court cost monies. The fund shall be maintained in an interest bearing account in a bank of known responsibility by the family court administrator.

(c) Any funds appropriated from this fund shall be strictly limited to family court programs endorsed by the chief probation officer and approved by the

presiding family court circuit judge.

(d) The family court administrator shall have the power to draw upon the fund for sums not exceeding one hundred dollars ($100), any sums above that amount shall require the joint signature of the presiding family court circuit judge and the family court administrator.
Ala. Code § 45-13-130 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-130
Section 45-13-130 Powers and Duties
Status: in_force

The county commission shall employ a county engineer, who shall be a qualified and competent civil engineer, possessing all of the qualities as specified for county engineers pursuant to law. The county engineer shall devote his or her time and attention to the maintenance and construction of the Clarke County public roads, highways, bridges, and county shops. The county engineer shall serve at the pleasure of the county commission. The County Engineer of Clarke County shall perform all of the following duties:

(1) Employ, supervise, and direct all assistants necessary to properly maintain and construct the public roads, highways, bridges, and county shops of Clarke County, and shall prescribe their duties and discharge employees for cause or when not needed.

(2) Perform engineering and surveying services as required, and prepare and maintain all necessary maps and records.

(3) Maintain the necessary accounting funds and records to reflect the cost of the county highway system.

(4) Build or construct new roads or change old roads.

(5) Maintain and construct all county roads on the basis of the county as a whole, without regard to any district or beat lines. The county engineer is designated as the person authorized to make written requisition to the chair of the commission or his or her duly designated purchasing agent for all articles, materials, supplies, and equipment necessary for the maintenance and construction of the roads, bridges, and county shop in Clarke County. The county commission shall fix, from time to time, in accordance with prevailing economic conditions, the number of employees and the various scales of wages or salaries to be paid for labor necessary in the maintenance and construction of the roads, bridges, and county shop operation, and the wage or salary scale shall not be exceeded by the county engineer in the employment of labor and assistants. The county commission shall fix the amount of the salary of the county engineer, payable in equal monthly installments from the gasoline tax fund of Clarke County. Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in an amount set, from time to time, by the county commission, conditioned for the faithful discharge and performance of his or her duties as county engineer, and for the faithful accounting of all monies or property of the county, which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama, approved by the chair of the county commission, and the premiums thereon shall be paid by Clarke County. The county commission shall furnish the county engineer with an office and all necessary office supplies, and shall furnish him or her with necessary transportation in connection with his or her duties pursuant to this section. The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment. The county commission shall furnish the necessary storage facilities in which to keep the tools, machinery, supplies, and equipment and the county engineer shall keep on file in his or her office, at all times, an up-to-date inventory, containing a list of all the tools, machinery, equipment, and supplies belonging to the county. The authority of the county engineer shall be limited to the expenditure of funds for the purposes of construction, maintenance, or repairs of public roads and bridges of the county as appropriated by the county commission. The county commission shall fix and determine the amount of funds which will be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Clarke County for the ensuing fiscal year, beginning on October 1. That amount, other than the salary of the county engineer, and his or her necessary expenses, shall not be exceeded, except that the county commission may, from time to time, within any period, increase the amount allowed to be expended by the county engineer during the period, provided that the authorization does not conflict with other provisions of law.
Ala. Code § 45-23-130.05 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-130.05
Section 45-23-130.05 Bond
Status: in_force

Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount set from time to time by the county commission, payable to Dale County, conditioned on the faithful discharge and performance of his or her duties as engineer, and for the faithful accounting of all monies or property of Dale County, which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama and be approved by the commission. The premiums shall be paid by the county.
Ala. Code § 45-20-172.57 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-172.57
Section 45-20-172.57 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 any city may have under any other law.
Ala. Code § 45-19-70.03 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-70.03
Section 45-19-70.03 Vacancies
Status: in_force

Any vacancy occurring in the office of county commissioner shall be filled in the manner provided by law.
Ala. Code § 45-37A-100.05 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-100.05
Section 45-37A-100.05 Administrative Hearings; Contesting Liability; Fines and Costs; Affirmative Defenses
Status: in_force

(a) An administrative hearing officer appointed by the mayor of the city is vested with the power and jurisdiction to conduct administrative hearings of civil violations provided for in this article.

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

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

(d) Any fine imposed pursuant to this article shall not be collected if, after a hearing, the administrative hearing officer appointed by the mayor of the city enters a finding of no liability.

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) There was no sign installed as required by this article near the location at which the violation allegedly occurred warning that a photographic traffic signal enforcement system was being used.

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

(l) No person who rents to another person or is the lessor of a motor vehicle pursuant to a written lease agreement, nor any affiliates thereof, shall be liable for a photographic stop sign traffic enforcement system, photographic vehicle speed enforcement system, or photographic traffic signal enforcement system violation involving such motor vehicle during the period of the rental or lease, provided that, upon request of the city or its designee received within 60 days after the violation occurred, such person provides to the city within 30 days after receipt of such request the name and address of the renter or lessee of the motor vehicle. The driver’s license number of the renter or lessee may be subsequently specifically requested by the city or its designee if needed for the enforcement of this article. Upon the provision by the lessor, its affiliate, or its designee, of the information as described in this subsection, the city or its designee may issue a new notice of violation to the renter or lessee of the vehicle in the same manner it would issue a notice of violation to an owner pursuant to Section 45-37A-100.04, except that the notice shall be sent no later than 30 days after receiving the renter’s or lessee’s information from the person, or any affiliate thereof, who rented or leased the motor vehicle. The renter or lessee may be held liable for the violation in the same manner that an owner may be held liable pursuant to this article.

(m) Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a fine or to contest liability in a timely manner is nevertheless entitled to an administrative hearing on the violation if either of the following occur:

(1) The person files a sworn affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if such notice was not received by the 10th day after same was mailed as set out in subsection (a) of Section 45-37A-100.04.

(2) Within 15 days of the date of actual receipt of such notice, such person requests an administrative hearing.
Ala. Code § 45-3-84.90 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-84.90
Section 45-3-84.90 Special Recording Fee - Beginning May 5, 1992
Status: in_force

On and after May 5, 1992, and upon the passage of a resolution by the county commission at a regularly scheduled meeting authorizing the same, the county commission is hereby authorized to levy a special recording fee of three dollars ($3) which shall be paid to the county, and collected by its judge of probate, with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate and for the recording of other instruments and documents in the probate office, and on and after such date no such instrument shall be received for record in the office of the judge of probate unless the special recording fee of three dollars ($3) is paid thereon. The special recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any real property instrument or personal property instrument, and for the recording of other instruments and documents in the probate office at the discretion of the governing body of the county. All special recording fees so collected shall be appropriated into the county general fund by the probate office on a monthly basis to be used for general county purposes.
Ala. Code § 45-8A-22.109 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.109
Section 45-8A-22.109 Contributions to the Trust
Status: in_force

(a) The secretary-treasurer shall receive contributions to the trust that shall consist of the following:

(1) All of the money, securities, things of value, and assets belonging to any similar fund now being maintained by the City of Anniston.

(2) All money or properties that may be given or donated by any person, firm, association, or corporation for the uses and purposes for which the trust is created, and the retirement board may take by gift, grant, devise, or bequest, any money, personal property or real estate, or any interest therein or any right of property for the benefit of the trust.

(3) Participant Contributions.

a. Employee Contributions. Effective prior to October 1, 2002, 10 percent of each participant’s monthly compensation, including overtime and any other pay, which shall be deducted from such compensation and paid to the secretary-treasurer on or before the tenth day each month next succeeding the month in which such compensation is earned.

b. Pick-Up Contributions.

1. City of Anniston Contributions on Behalf of Participants.

(i) Effective October 1, 2002, in lieu of employee contributions, the City of Anniston shall contribute on behalf of each participant an amount equal to 10 percent of the participant’s compensation, such payment being sometimes hereinafter referred to as “pick-up contributions” in accordance with Internal Revenue Code Section 414(h)(2).

(ii) Effective on and after October 1, 2012, the City of Anniston shall contribute on behalf of each participant a pick-up contribution equal to 14 percent of the participant’s compensation each payroll period.

2. The employee’s compensation shall be reduced by the amount of the pick-up contribution, but the pick-up contribution shall not reduce the amount of his or her compensation for purposes of determining benefits hereunder. No employee shall have the option to opt-out of the pick-up contribution or to receive the pick-up contribution as described in this paragraph, directly instead of having it paid by the City of Anniston directly to the trust.

(4) City of Anniston Contributions.

a. Effective October 1, 2002, the City of Anniston shall contribute to the trust an amount equal to the participant contributions paid into the trust under subdivision (3)b.1.(i) out of the City of Anniston treasury, the payment to be made at the same time that the participant contributions described in subdivision (3)b.1.(i) are required to be paid.

b. Effective on and after October 1, 2012, subject to subsection (b), the City of Anniston shall contribute to the trust out of the City of Anniston treasury, such amounts that are sufficient to meet the normal cost of the plan and to amortize the plan’s unfunded liability, if any, within 30 years. Furthermore, the net increase, if any, in the plan’s unfunded liability arising from significant amendments to the plan, changes in actuarial assumptions, changes in funding methods, or actuarial gains or losses shall be amortized within 30 years.

(5) Public Utility Contributions.

a. Effective for fiscal years before October 1, 2012, each public utility, qualified to do business under the laws of the State of Alabama and selling electricity or electric current or natural gas or intra-city bus transportation or local exchange telephone service or telegraph service within the corporate limits and police jurisdiction of the City of Anniston (“public utility”), shall annually, on or before the first day of February, pay into the trust a sum equal to one-half of one percent of the gross revenues of such public utility from the sale of electricity or electric current or natural gas or intra-city bus transportation or local exchange telephone service or telegraph service within the corporate limits and police jurisdiction of the City of Anniston during the preceding fiscal year (“gross revenues”); however, the sum equal to one-half of one percent of the gross revenues of such public utilities shall be deducted from and offset against any privilege or license tax which the municipal corporation may by law impose upon such public utility. The payment required in this subsection shall be treated as a privilege or license tax and shall be subject to the provisions of Sections 11-51-128 and 11-51-129.

Accompanying such payment by each public utility there shall be filed with the secretary-treasurer a sworn statement by an officer or authorized agent of such public utility showing the amount of the gross revenue received by such public utility. Any such public utility which fails or refuses to comply with the provisions of this subsection shall forfeit to the trust the sum of one thousand dollars ($1,000) to be recovered in a civil action instituted in the name of the trust by the City of Anniston attorney.

b. Effective for fiscal years beginning on and after October 1, 2012, public utilities shall no longer contribute any gross revenues to the trust, and further, such public utilities shall no longer deduct from or offset against any privilege or license tax any gross revenues.

(b) Notwithstanding the foregoing and anything to the contrary herein, if the City of Anniston’s contributions, as calculated in accordance with subsection (a)(4)b., equal or exceed three times, or are less than two times, the participants’ contributions, as calculated in accordance with subsection (a)(3)b.1.(ii) (“contribution limitations”), or are reasonably expected to approach, based on reasonable actuarial assumptions or projections, or both, such contribution limitations, the retirement board may amend or modify pursuant to a written board resolution:

(1) Participants’ contributions described in subsection (a)(3)b.1.(ii) or

(2) The City of Anniston’s contributions described in subsection (a)(4)b., or both.
Ala. Code § 45-5-233.01 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-233.01
Section 45-5-233.01 Sale of Perishable Property
Status: in_force

If the abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for the property. The proceeds of such a sale shall be held in a separate account for a period of six months for the owner. During this period, the proceeds will be paid to the owner upon demand, less any cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property, the net funds shall be paid to the office of the Sheriff of Blount County.
Ala. Code § 45-57-200.01 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-200.01
Section 45-57-200.01 Authorizing Mail Order Fee for Renewal of Business Licenses by Mail
Status: in_force

(a) The Russell County Commission may establish an additional fee to be entitled mail order fee which shall be set from time to time by the commission to pay the costs of mailing or overhead relating to business license renewals. The fee shall be collected by the judge of probate at the time of renewal and paid over to the county general fund.

(b) Each person requiring a state or county business license shall to continue to have the right to pay and receive his or her license in person without payment of the fee specified in subsection (a).
Ala. Code § 45-52A-31.06 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-31.06
Section 45-52A-31.06 Board of Education - Compensation
Status: in_force

The compensation for the members of the school board shall be three hundred dollars ($300) per month to be paid from the city school system funds, unless changed pursuant to this section. The board may change the amount of compensation by majority vote, but any vote to establish or change compensation shall be held at least one month prior to the deadline for qualification of candidates for seats on the board and shall not take effect until the next term of office of the members of the board. Members of the board shall be reimbursed for documented expenses associated with activities outside of the City of Decatur in the performance of their duties as board members.
Ala. Code § 45-39-244.04 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-244.04
Section 45-39-244.04 Severability
Status: in_force

None of the provisions of this part shall be applied in such manner as to violate the Commerce Clause of the Constitution of Alabama of 1901. Should any provision of this part be held invalid, the invalidity thereof shall not affect remaining provisions of this part.
Ala. Code § 45-44-260.05 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-260.05
Section 45-44-260.05 Powers and Duties of Planning Commission
Status: in_force

It shall be the function and duty of the planning commission to make and maintain in an up-to-date manner a master plan of various areas of the county as deemed necessary by the planning commission and to adopt with the approval of the county commission appropriate zoning regulations for the physical development of Macon County; provided, however, that the adoption of a master plan shall not be deemed a prerequisite to the administration and enforcement of the zoning regulations. The plan and regulations with the accompanying maps, plats, charts, and descriptive material shall show the planning commission’s recommendations for the use and development of the territory of the county. The zoning regulations shall also include a zoning plan for selected areas for the control of the height, area, bulk, location, and use of buildings and land. As the whole master plan and preparation of zoning regulations progresses, the planning commission may from time to time adopt and publish a part or parts thereof, any part to cover one or more major sections or divisions of the county. The planning commission may from time to time amend, extend, or add to the plan or regulations as provided in this article. Nothing in this article shall be construed to impair the right of eminent domain conferred on railroads and utilities, both public and private, or their right to construct, use, and maintain structures reasonably required in the public service or their right to exercise authority conferred by statutes, franchises, certificates of convenience and necessity, licenses, easements, or conveyances.
Ala. Code § 45-13-170.01 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-170.01
Section 45-13-170.01 Enforcement of Litter Laws
Status: in_force

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

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

(c) It is unlawful to dump, deposit, place, throw, or leave refuse, paper, litter, rubbish, debris, filthy or odoriferous objects, substances, or other trash upon a state or county highway, road, or other public thoroughfare in Clarke County, and any person upon first conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) and/or 30 days in jail.
Ala. Code § 45-13-20 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-20
Section 45-13-20 Municipal Option Election for Legalization of Sale and Distribution of Alcoholic Beverages
Status: in_force

(a)(1) The Legislature of Alabama is cognizant of “Opinion of the Justices No. 376,” issued April 9, 2002, which states that a local bill for Cherokee County “purporting to allow by local law the creation of a traffic in alcohol that does not presently exist in smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such traffic.” The effect of this Opinion of the Justices is to greatly limit situations in which local laws may be enacted regarding alcoholic beverages. This opinion was, in part, based upon a determination that, “Generally, ‘regulate’ implies the exercise of control over something that already exists.” While respecting the constitutional authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this body disagrees with the conclusion reached by the court concerning Section 104. In an effort to further define this issue and to assist the court in the appropriate interpretation of Section 104, the Legislature of Alabama respectfully makes the following findings:

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

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

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

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

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

(2) Based upon the reasons expressed in subdivision (1), as a matter of law, the Legislature declares that this section regulates the liquor traffic within the meaning and intent of Section 104 of the Constitution of Alabama of 1901.

(b) Notwithstanding any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant to authority to regulate the liquor traffic granted by Section 104 of the Constitution of Alabama of 1901, the electors of an incorporated municipality located in Clarke County with a population of not less than 5,000 inhabitants may change its classification from dry to wet or wet to dry by a municipal option election as provided by this section.

(c)(1) Upon petition of 25 percent of the number of voters voting in the last general election of the municipality having a population of not less than 5,000 inhabitants being filed with the city or town clerk or governing body of the municipality, the governing body shall call a municipal option election for the municipality to determine the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed in the municipality. The petition for the municipal option election shall contain the following: “It is petitioned that a municipal option election be held to determine whether the legal sale and distribution of alcoholic beverages shall be permitted within this municipality.” On the ballot to be used for the municipal option election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality? Yes ___ No ___.”

(2) The municipal option election shall be held and the officers shall be appointed to hold the election in the manner provided by law for holding other municipal elections and the returns thereof tabulated and the results certified as provided by law for municipal elections. The municipal option election shall be held on the date set by the governing body. Notice of the municipal option election shall be given by the governing body of the municipality by publication at least three weeks before the date of the election, in a newspaper in the municipality, or, if there be none, in a newspaper in the county, or, if there be neither, by posting the notice at the town or city hall, apprising the voters of the municipality that a municipal option election shall be held to determine whether the municipality shall be wet or dry under this section. The cost of the municipal option election, including the cost of notice by publication, shall be paid out of the general fund of the municipality.

(3) Only qualified electors of the municipality may vote in the municipal option election. If a majority of the electors voting in the municipal option election vote “yes,” the municipality shall be wet, and alcoholic beverages may be legally sold, distributed, and consumed within the corporate limits of the municipality, and all of the provisions of Title 28, relating to alcoholic beverages in wet municipalities, including, but not limited to, Chapters 3, 3A, 6, and 7, shall be immediately put into operation with respect to and effective within the corporate limits of the municipality. Notwithstanding the results of any subsequent county election, special method referendum, or other election, the municipality shall remain wet until changed to a dry municipality at a subsequent municipal option election conducted in the same manner as required for the initial election, including, but not limited to, the petition procedure.

(4) If a majority of the voters voting in the municipal option election vote “no,” the municipality shall be a dry municipality under the terms of this section until the municipality, by a subsequent municipal option election held under this section, votes wet.

(5) At least 1,560 days shall have lapsed before a second municipal option election may be held in the municipality.
Ala. Code § 45-49-261.14 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-261.14
Section 45-49-261.14 Zoning Ordinances and Regulations Not Retroactive
Status: in_force

No zoning ordinance or regulation promulgated by the Mobile County Commission under the authority of this part shall change any use to which land is being made at the time the zoning ordinance or regulation becomes applicable to any planning jurisdiction.
Ala. Code § 45-39-92.51 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.51
Section 45-39-92.51 Special Fund
Status: in_force

Unless otherwise directly deposited with a paying agent or trustee as permitted in Section 45-39-92.52, the proceeds of the taxes imposed under authority of this subpart shall be paid into a special fund in the county treasury for use as provided in Section 45-39-92.52.
Ala. Code § 45-39-250 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-250
Section 45-39-250 Definitions
Status: in_force

As used in this part, the following terms shall have the following meanings:

(1) ALARM MONITORING SERVICE. A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:

a. To receive signals from other devices located at or about the premises regarding a possible threat at the premises to life, safety, or property, from burglary, fire, vandalism, bodily injury, or other emergency.

b. To transmit a signal regarding any threat by means of transmission facilities of a municipality, municipal instrumentality, local exchange carrier, or one of its affiliates to a remote monitoring center to alert a person at the center of the need to inform the customer or another person or police, fire, rescue, security, or public safety personnel of the threat, but does not include a service that uses a medical monitoring device attached to an individual for the automatic surveillance of an ongoing medical condition.

(2) CABLE SERVICE. A service that provides both of the following:

a. The one-way or bidirectional transmission to subscribers of video programming or other programming service.

b. Subscriber interaction, if any, which is required for the selection or use of the video programming or other programming service, and shall include, without limitation, digital services, utilization of fiber optics, broadband services, use of data packets, and use of wireless methods to provide cable service.

(3) CABLE SYSTEM. A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:

a. A facility that serves only to retransmit the television signals of one or more television broadcast stations.

b. A facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of Chapter 5 of Title 47, U.S.C., as the provisions thereof read on February 1, 2000, except that the facility shall be considered a cable system to the extent the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services.

c. An open video system that complies with 47 U.S.C. § 573, as the provisions thereof read on February 1, 2000.

d. Any facilities of any electric utility used for operating its electric utility system.

(4) CUSTOMER PREMISES EQUIPMENT. Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications.

(5) INTERACTIVE COMPUTER SERVICE. Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions.

(6) INTERNET. The international computer network of both federal and non-federal interoperable packet switched data networks.

(7) MUNICIPAL INSTRUMENTALITY or INSTRUMENTALITY OF A MUNICIPALITY. Any one or more public corporations incorporated pursuant to any of the following:

a. Article 9, commencing with Section 11-50-310, of Chapter 50, Title 11, as amended.

b. Article 15, commencing with Section 11-50-490, of Chapter 50, Title 11, as amended.

c. Chapter 7, Title 39, as amended.

d. A local act providing that the governing body of the public corporation is to be appointed by the governing body of a municipality and that the public corporation is authorized to furnish electric service to consumers for ultimate consumption.

e. Chapter 50A, Title 11, as amended.

(8) MUNICIPALITY. Any incorporated city or town in Lauderdale County.

(9) TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

(10) TELECOMMUNICATIONS CARRIER. Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U.S.C. § 226 as the provisions thereof read on February 1, 2000.

(11) TELECOMMUNICATIONS EQUIPMENT. Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades.

(12) TELECOMMUNICATIONS SERVICE. The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service.
Ala. Code § 45-29-120.01 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-120.01
Section 45-29-120.01 Definitions
Status: in_force

As used in this article, unless the context clearly requires a different meaning:

(1) APPOINTMENT AUTHORITY. In the case of employees in the offices of the elected officials of the county, such elected officials, and in the case of all other county or municipal employees, the county governing body, or the board or other agency supervising their work.

(2) BOARD.

(3) COUNTY. Fayette County.

(4) EMPLOYEE. Any law enforcement officer, radio operator, jailer, and law enforcement support personnel, not excepted by Section 45-29-120.02, who is employed in the service of Fayette County or any board, agency, or instrumentality thereof.

(5) MERIT EMPLOYEE. Any such employee who shall have completed one year of probationary employment.
Ala. Code § 45-45-173.02 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-173.02
Section 45-45-173.02 Public Nuisance - Motor Vehicles
Status: in_force

(a) Except as provided in subsection (b), it is unlawful and constitutes a public nuisance for any person to park, leave, or store upon any place or premises in public view within the unincorporated territory of Madison County more than one motor vehicle which is not currently and validly registered and tagged as required by state law.

(b) Subsection (a) does not apply to a licensed business if the parking, leaving, or storing of the motor vehicle is reasonably necessary in the operation of the business, directly or indirectly.
Ala. Code § 45-37-162.05 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-162.05
Section 45-37-162.05 Information Filing by County
Status: in_force

(a) Not less than seven days after the county enters into a binding agreement for the issuance of debt or enters into a binding swap agreement, it shall file a report in the public records of the county. The report shall include all of the following:

(1) The final terms of such debt or swap agreement to the extent such terms were referenced or described in the related notice of public hearing.

(2) A description of any variation in the expected facts and circumstances described in the related notice of the public hearing, or the related preliminary official statement, and the final terms of the debt or the swap agreement, and the reason for such variation.

(3) Each person who has been paid, or will be paid, directly or indirectly, for services rendered in connection with the debt or swap agreement, including the underwriter rendering underwriting or investment banking services, and the amount of each payment.

(b) If the information required in the report delivered pursuant to subsection (a) is included in a final official statement prepared in connection with the debt, or the debt related to the swap agreement, the report may adopt by reference the information in the final official statement.
Ala. Code § 45-8-260 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-260
Section 45-8-260 Regulation of Halfway Houses and Similar Facilities
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings: (1) COURT ORDER. An order from a court requiring an individual to reside at a facility. (2) FACILITY. Any halfway house; substance abuse rehabilitation treatment facility; sober living facility; or any other facility that is housing any resident who: (i) is enrolled in the facility by court order; or (ii) is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc. (3) HALFWAY HOUSE. Any group residence designed to facilitate individuals in their readjustment to private life following their release from institutionalization. (b) The Calhoun County Commission, by resolution, may regulate facilities in the county. The governing body of a municipality, by resolution, may regulate facilities in the municipality. The regulations may include, but are not limited to: (1) A permit requirement. (2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(1) COURT ORDER. An order from a court requiring an individual to reside at a facility. (2) FACILITY. Any halfway house; substance abuse rehabilitation treatment facility; sober living facility; or any other facility that is housing any resident who: (i) is enrolled in the facility by court order; or (ii) is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc. (3) HALFWAY HOUSE. Any group residence designed to facilitate individuals in their readjustment to private life following their release from institutionalization. (b) The Calhoun County Commission, by resolution, may regulate facilities in the county. The governing body of a municipality, by resolution, may regulate facilities in the municipality. The regulations may include, but are not limited to: (1) A permit requirement. (2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(2) FACILITY. Any halfway house; substance abuse rehabilitation treatment facility; sober living facility; or any other facility that is housing any resident who: (i) is enrolled in the facility by court order; or (ii) is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc. (3) HALFWAY HOUSE. Any group residence designed to facilitate individuals in their readjustment to private life following their release from institutionalization. (b) The Calhoun County Commission, by resolution, may regulate facilities in the county. The governing body of a municipality, by resolution, may regulate facilities in the municipality. The regulations may include, but are not limited to: (1) A permit requirement. (2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(3) HALFWAY HOUSE. Any group residence designed to facilitate individuals in their readjustment to private life following their release from institutionalization. (b) The Calhoun County Commission, by resolution, may regulate facilities in the county. The governing body of a municipality, by resolution, may regulate facilities in the municipality. The regulations may include, but are not limited to: (1) A permit requirement. (2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(b) The Calhoun County Commission, by resolution, may regulate facilities in the county. The governing body of a municipality, by resolution, may regulate facilities in the municipality. The regulations may include, but are not limited to: (1) A permit requirement. (2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(1) A permit requirement. (2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(2) Size requirements or limitations. (3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(3) Location requirements or limitations, including, but not limited to, required minimum distances from other specified locations. (4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(4) Limits on the number of tenants per room. (5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(5) A civil penalty of up to one thousand dollars ($1,000) to be assessed per day, per resident, for each violation. Before the assessment of any penalties, the county commission or governing body of the municipality shall provide for notice and a hearing. (c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(c) Any resolution adopted pursuant to this section may be enforced by the respective governing body by an action against the owner of the facility in the Civil Division of the Circuit Court of Calhoun County. (d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.

(d) Any resolution adopted pursuant to this section shall prohibit a registered sex offender from residing in any facility that houses any resident who is enrolled in the facility by court order or who is supervised by the Calhoun County Community Punishment and Corrections Authority, Inc.
Ala. Code § 45-22-130.14 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-130.14
Section 45-22-130.14 Accountability for Equipment; Inventory
Status: in_force

The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment of Cullman County and shall be accountable for the same, at all times. The Cullman County governing body shall furnish the necessary storage facilities in which to keep the tools, machinery, supplies, and equipment, and the county engineer shall keep on file in his or her office, at all times, an up-to-date inventory, containing a list of all the tools, machinery, equipment, and supplies belonging to Cullman County.
Ala. Code § 45-49-41.05 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-41.05
Section 45-49-41.05 Competing Product Lines or Brands
Status: in_force

It shall be a violation of this part for a grantor to prevent a dealer from having an investment in, or holding a dealership agreement for, the sale of competing product lines or brands of liquid goods.
Ala. Code § 45-20A-50.01 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-50.01
Section 45-20A-50.01 Board of Education - Districts
Status: in_force

A member shall reside in the district which the member represents during the entire term of office. If the boundaries of a city council district change, the corresponding board of education district shall automatically change accordingly for the next election of the city board of education. If redistricting places an incumbent board member outside of his or her district, the member shall nevertheless continue to serve the remainder of the term to which he or she was elected or appointed.
Ala. Code § 45-8A-23.129 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.129
Section 45-8A-23.129 Effective Date of Budget; Certification; Copies Made Available
Status: in_force

Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be certified by the city manager and city clerk and filed in the office of the director of finance. The budget so certified shall be printed, mimeographed, or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments, boards, and agencies and for the use of interested persons.
Ala. Code § 45-52A-34.12 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-34.12
Section 45-52A-34.12 Architectural Review Board
Status: in_force

(a) The City of Decatur, enacting an ordinance pursuant to this part, may elect to create an architectural review board, hereinafter sometimes called the board, to perform the duties and responsibilities of the historic preservation commission in accepting, considering, and approving or rejecting applications for certificates of appropriateness, as set out in Sections 45-52A-34.08, 45-52A-34.09, 45-52A-34.10, and 45-52A-34.11.

(b) If the board is created, it shall be composed of not less than five members who shall have demonstrated training or experience in the fields of history, architecture, architectural history, urban planning, archaeology, or law. Members of the board need not be residents of the territorial jurisdiction of the City of Decatur, however, at least one-half shall be residents of an historical district. No elected public officials shall serve as members of the board. Not more than one-fifth of the members of the board shall be public officials.

(c) Members of the board shall be nominated by the chief executive officer of the City of Decatur and appointed by the governing body of the City of Decatur. Nomination and appointment of members of the commission shall be made so that the board will be composed of persons with as much of the training and experience specified in subsection (b) as possible.

(d) Except for the original members of the board, members of the board shall serve three-year terms and shall be appointed in such manner as to serve overlapping terms. Two of the original members of the board shall be appointed to serve one-year terms and the remainder of the original members of the board shall be appointed to serve three-year terms. Members of the board may be reappointed.

(e) Members of the board may be removed for cause by the governing body of the City of Decatur.

(f) Vacancies on the board shall be filled by persons nominated by the chief executive officer of the City of Decatur and appointed by the governing body of the City of Decatur. Such appointments shall be for the unexpired term of the member replaced.

(g) Members of the board shall elect a chair and vice-chair and such other officers as the members deem necessary. The board shall adopt rules of procedure and shall communicate those rules of procedure to the chief executive officer and governing body of the City of Decatur creating the board. The rules of procedure of the board shall specify what number of members of the board shall constitute a quorum.

(h) Members of the board shall serve without compensation, but may be reimbursed for reasonable expenses incurred on behalf of the board, in accordance with the rules and regulations for the reimbursement of expenses adopted by the board.

(i) The board may employ such professional, technical, office, and other personnel as may be necessary to carry out the purposes and responsibilities of the board.

(j) Meetings of the board shall be public meetings, other than executive sessions, and shall be held at times and places and pursuant to such notices as are specified in the ordinance creating the board.

(k) If, in the opinion of the governing body of the City of Decatur, the workload of the board is, or is contemplated to be excessive, the governing body of the City of Decatur may create more than one board, and designate the historic properties, and historic districts with which each board will be concerned, so long as each historic property and each historic district designated by the City of Decatur shall be subject to the control of only one board. Each board created shall have all of the powers and authority set forth in this part with respect to the historic properties and historic districts with which it is concerned.
Ala. Code § 45-25-250.10 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-250.10
Section 45-25-250.10 Governmental Functions; Liability of Authority
Status: in_force

The furnishing of sewer and garbage service in conjunction with the water services by the authority as well as the furnishing of water services are declared to be a governmental function. The authority shall not be liable for any tort, whether negligent or wilful, committed by any director, agent, servant, or employee of the authority in the furnishing of water service or in the construction, maintenance, or operation of any water or sewer or garbage facilities.
Ala. Code § 45-57-233 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-233
Section 45-57-233 Jail Canteen and Inmate Telephone Service; Inmate Welfare Fund
Status: in_force

(a) The Sheriff of Russell County may operate a jail canteen and the inmate telephone system within the confines of the county jail to serve the needs of the county inmates. After the cost 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 Inmate Welfare Fund which is hereby created.

(b) The Inmate Welfare Fund may be expended at the discretion of the sheriff for salaries, equipment, and supplies for the county jail, or for any other legitimate law enforcement purpose.

(c) This section is cumulative to any law providing funds for the operation of the Russell County Jail or for funds expended in the discretion of the Sheriff of Russell County.
Ala. Code § 45-37A-50.08 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-50.08
Section 45-37A-50.08 Audit of Records
Status: reserved

The Department of Examiners of Public Accounts shall conduct an annual audit of the financial records of the city school system and of the board of education. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.
Ala. Code § 45-39A-13.05 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-13.05
Section 45-39A-13.05 Examinations; Fee
Status: in_force

The board shall control all examinations, and whenever an examination is to take place, shall conduct the examination. Every applicant for examination shall pay to the city clerk the sum of one dollar fifty cents ($1.50), and the receipt therefor shall be attached to his or her application.
Ala. Code § 45-8-150.03 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-150.03
Section 45-8-150.03 Bingo Games - Permits; Ordinances
Status: in_force

(a) No qualified organization shall be permitted to operate a bingo game unless the county governing body, or the governing bodies of the respective cities and towns, within their respective jurisdictions, issues a permit to the organization authorizing it to do so. The permit required by this article is in addition to, and not in lieu of, any other business license which may be required by law, and no bingo game shall be operated until all required licenses have been obtained. A permit holder may hold only one permit and that permit is valid for only one location. A permit is not assignable or transferable.

(b) The Calhoun County Commission, or any governing body for any municipality wholly or partially located within Calhoun County, may establish an ordinance for the operation of bingo games within its jurisdiction. Any ordinance adopted by a governing body shall be at least as restrictive of the operation of bingo games as this article. Any person, organization, or other legal entity not authorized to conduct bingo games pursuant to this part shall not be allowed to conduct bingo games under any ordinance.

(c) Any qualified organization desiring to obtain a permit to conduct bingo games in a calendar year shall apply to the county governing body if the proposed site for the bingo session or sessions are not within the police jurisdiction of any municipality. If the proposed site for the bingo session or sessions is within the police jurisdiction of any municipality in Calhoun County, the qualified organization desiring to obtain a permit shall apply to the governing body of the respective municipality. Application shall be made on forms provided by the Calhoun County Bingo Regulatory Commission to each governing body. Applications by qualified organizations shall be subscribed to by a legal representative of the qualified organization before a notary public or other attesting officer authorized to administer oaths, and each application shall contain a certification by the notary public or other attesting officer that the subscriber has appeared before him or her and sworn to the truth of the contents thereof. Each governing body, upon receiving completed applications from qualified organizations for the issuance of permits, shall immediately deliver to the Calhoun County Bingo Regulatory Commission a copy of each application. It is the intent of the Legislature that the governing body to which application is made for a permit to conduct a bingo session or sessions consult with the Calhoun County Bingo Regulatory Commission before issuing any permit. In no event shall any governing body issue a permit for the operation of bingo within its jurisdiction until 30 days after the governing body has delivered a copy of the completed application to the Calhoun County Bingo Regulatory Commission. In the event of any controversy concerning whether or not a permit for the operation of bingo should be issued, the decision of the Calhoun County Bingo Regulatory Commission that the permit shall not be issued shall control, but the Calhoun County Bingo Regulatory Commission shall not unreasonably deny nor arbitrarily deny a permit, and the commission shall consult with the governing body at least 10 days before any denial of a permit. Under no circumstances may the Calhoun County Bingo Regulatory Commission require the governing body to issue a permit for the operation of bingo. The governing body may charge a reasonable fee for the issuance of any permit to operate bingo games within its jurisdiction. In addition, each applicant for a permit shall pay an operator’s fee to the Calhoun County Bingo Regulatory Commission in accordance with the schedule below.

(d) The governing body shall refuse to grant a bingo permit to any applicant who fails to fully provide the information required by this subsection. Each applicant for a permit shall prove its length of existence and, except for an applicant for a “D” or special permit, the ownership of real property in Calhoun County for at least three years immediately preceding the application. Additionally, each applicant shall provide all of the following information:

(1) The name and home address of the applicant and, if the applicant is a corporation, association, private club, or other similar legal entity, the name and home address of each officer, director, or other similarly situated person in the organization.

(2) The name and home address of each person anticipated to operate or promote the bingo game.

(3) The name and home address of each person, organization, club, or other legal entity anticipated to act as surety for the applicant.

(4) The location where the applicant will conduct the bingo games. Bingo games shall be held only on premises wholly owned by a qualified permit holder except in the situation where a rental agreement has been entered into by the applicant pursuant to this article.

(5) A statement revealing the existence of any other bingo or gambling establishment with which any person listed in subdivisions (1), (2), or (3) is presently associated or has a proprietary interest in, or with which the person has been associated or had a proprietary interest in within the past 15 years.

(6) A certification by the applicant that all bingo sessions shall only be organized, promoted, and operated by officers, directors, legal representatives, or employees of the qualified organization applicant.

(7) Any other necessary and reasonable information which the Calhoun County Bingo Regulatory Commission or the governing body may require.

(e) Permits may be amended upon resubmission of an application by the applicant to the governing body, submission by the governing body of a copy of the resubmitted application to the Calhoun County Bingo Regulatory Commission, and surrender of the current permit. The governing body may charge a reasonable fee for the issuance of an amended permit. The applicant shall pay a fee upon issuance of an amended permit to the Calhoun County Bingo Regulatory Commission in accordance with this article.

(f) Permits, except for special permits issued pursuant to this article, are issued on an annual basis and shall expire at midnight one year after the date of issuance.
Ala. Code § 45-7-130.08 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-130.08
Section 45-7-130.08 Requisition for Expenditure of Funds; Appropriation by Commission
Status: in_force

The authority of the county engineer shall be limited to the requisition for the expenditure of funds for the purpose of construction, maintenance, or repairs of public roads, bridges, ferries, or any other duties for Butler County as may be set aside and appropriated by the commission as hereinafter provided. It shall be the duty of the commission at some meeting in September of each calendar year, or not later than the first meeting in October following, by order or resolution spread upon the minutes, to fix and determine the amount of funds which will be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Butler County for the current fiscal year, beginning on October 1st, which amount, other than the salary of the county engineer, shall not be exceeded in the performance of duties required of the county engineer for that period. The commission is authorized from time to time within any period, to increase the amount so allowed to be expended by the county engineer during the period, when the authorization will not conflict with provisions of the general law under the Budget Act, Section 11-8-3. On October 6, 1992, if funds are presently available and have not been set aside by the present Butler County Commission for the current fiscal year, it shall be the duty of the commission to set aside a sufficient portion of the balance of the funds for the maintenance of the roads, bridges, and ferries until the meeting in September, or October, 1993, as provided by this article.
Ala. Code § 45-39-245.44 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-245.44
Section 45-39-245.44 Collection of Taxes
Status: in_force

(a) The governing body of the county shall administer and collect the taxes herein authorized to be levied and collected, or shall cause such taxes to be administered and collected, pursuant to, and in accordance with, applicable provisions of Sections 11-3-11.2 and 11-3-11.3. Without limiting the generality of the foregoing, the governing body shall have the same rights, remedies, power, and authority, including the right to adopt and implement the same procedures, as would be available to the State Department of Revenue if the taxes herein authorized were being administered, enforced, and collected by the State Department of Revenue. The governing body may retain, as its fee for the cost of collecting all such taxes, an amount not to exceed three percent of the proceeds of all such taxes, or the county’s actual cost of collection, whichever of the foregoing is less.

(b) With respect to the taxes herein authorized to be levied by it, the county shall be deemed to be a self-administered county, as that term is defined in Section 40-2A-3.
Ala. Code § 45-15-200 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-200
Section 45-15-200 County License Inspector
Status: in_force

(a) In Cleburne County, any law or parts of laws to the contrary notwithstanding, and notwithstanding the provisions of Section 40-12-10 as amended, providing for the appointment of license inspectors under certain conditions, the county commission is authorized to appoint the Cleburne County License Inspector, and the powers, duties, and functions of such position are hereby vested in such appointee. All fines, fees, and penalties collected by such inspector shall be paid into the general fund of the county and disbursed as provided by law.

(b) The county commission shall determine if the position of Cleburne County License Inspector is full-time or part-time; in addition to those duties and powers set by general law, the commission may, from time to time, prescribe other functions and duties as it may feel are warranted. The compensation of the county license inspector shall be set by the county commission.

(c) The sheriff shall transfer all records, documents, property, assets, and funds, of any nature whatsoever, generated by his or her duties as county license inspector and shall be relieved and discharged of any and all responsibilities or liabilities therefor.
Ala. Code § 45-57-170.22 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-170.22
Section 45-57-170.22 Assessing Public Nuisances
Status: in_force

(a) The county commission shall appoint a county employee or employees who shall be responsible for assessing the existence of a public nuisance pursuant to this subpart.

(b) Upon a determination by the county employee of the instance of a public nuisance pursuant to this subpart, the county employee shall notify the owner of the real property on which the manufactured dwelling or any other dwelling is located of the existence of the public nuisance, and shall give the real property owner not less than 60 days to abate the nuisance in the manner agreed upon by the county employee and the real property owner.

(c) The notice to the real property owner shall consist of a letter mailed to the person last assessed for property taxes due on the property according to the records of the county revenue commissioner.

(d) If the manufactured dwelling deemed a public nuisance does not belong to the owner of the real property, the county employee shall notify the real property owner of the provisions of Chapter 12A of Title 35 relating to abandoned manufactured dwellings.
Ala. Code § 45-42-243.04 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-243.04
Section 45-42-243.04 Taxes in Addition to Other Licenses and Taxes
Status: in_force

The taxes imposed by this part shall be in addition to all other licenses and taxes levied by law as a condition precedent to engage in any business taxable hereunder in Limestone County, except as herein otherwise specifically provided.
Ala. Code § 45-57A-63.99 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.99
Section 45-57A-63.99 Anticipated Surplus from Municipal Utility or Other Public Service Enterprise
Status: in_force

The anticipated revenues and proposed expenditures of each utility or other public service enterprise owned, or operated, by the city, shall be stated in a separate section of the budget (each bearing the name of the utility); and as to each utility, any anticipated surplus, if legally available for general purposes, shall be stated as an item of miscellaneous revenue in the budget and the budget proposal.
Ala. Code § 45-8A-22.71 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.71
Section 45-8A-22.71 Participation in Plan
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-37-123.50 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.50
Section 45-37-123.50 Conditions of Eligibility
Status: in_force

Any eligible employee may become a member of the system as described in this section. Notwithstanding the following, any individual who was a member of the system prior to the effective date of the amendment and restatement of the plan shall continue to be a member of the system.

(1) MANDATORY MEMBERSHIP. On and after October 1, 2025, and except as otherwise provided in subdivision (2), every eligible employee who occupies a full-time position shall become a member of the system and shall make employee contributions to the system in accordance with Section 45-37-123.82. If an employee subsequently occupies a position not subject to the Personnel Board of Jefferson County, the employee shall remain a mandatory and contributing member of the system, except as otherwise provided herein.

(2) OPTIONAL MEMBERSHIP. On and after October 1, 2025, any individual elected or appointed to a full-time county office in Jefferson County that is created by an act of the Legislature or pursuant to the Constitution of Alabama of 2022, and any part-time employee of the county shall have the option to become a member of the system by filing with the executive director an executed declaration stating that he or she elects to become a member of the system, subject to all of the rights and liabilities of members of the system. The declaration shall be in such form and time as the pension board may prescribe. Once the declaration is accepted by the pension board or a representative of the pension board, the eligible employee then shall become a member of the system and shall begin to make employee contributions to the system in accordance with Section 45-37-123.82. The election to become or not become a member, once exercised, shall be irrevocable.
Ala. Code § 45-49A-20.05 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-20.05
Section 45-49A-20.05 Payment of Assessments
Status: in_force

Payment of any such assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, as the same has heretofore or may hereafter be amended, and upon the property owner’s failure to pay such assessment the officer designated by the city to collect such assessments shall proceed to collect the assessment as provided in Sections 11-48-49 to 11-48-53, inclusive.
Ala. Code § 45-9-232.20 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-232.20
Section 45-9-232.20 Use of Funds
Status: in_force

The Sheriff of Chambers County may, in his or her discretion, use funds accruing to the Sheriff’s Work Release Fund for the operation of the county jail.
Ala. Code § 45-2-80.110 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-80.110
Section 45-2-80.110 Supervision Fee; Fund Established
Status: in_force

(a) In Baldwin County, a supervision fee of twenty dollars ($20) per month shall be levied against any person placed under supervised probation status of the Juvenile Court of Baldwin County, and shall be assessed, collected, waived, or determined as provided for in subsection (b). The supervision fee assessed pursuant to this section shall be in addition to any other costs and charges, including, but not limited to, court costs, fines, and restitution payments imposed on any person placed on supervised probation status of the Juvenile Court of Baldwin County.

(b) The supervision fee imposed by this section shall be assessed against the probationer, his or her parent or guardian, or both individuals by the Juvenile Court of the Twenty-eighth Judicial Circuit of Alabama or its successor. The fee shall be paid through the Office of the Circuit Clerk of Baldwin County for each month that the person is subject to supervised probation status pursuant to the order of the Juvenile Judge of Baldwin County. Notwithstanding the foregoing and only in cases of extreme financial hardship, as determined by the judge of the juvenile court, the fee may be waived or set at a lower amount than the fee provided in subsection (a).

(c) In cases where the fees provided by this section are not paid, the Office of Juvenile Probation, along with the Office of the District Attorney of the Twenty-eighth Judicial Circuit, shall bring the delinquency in payment to the attention of the juvenile judge and assist in the collection of the same in the manner as other court-ordered monies.

(d) The revenues derived from this section shall be credited on a monthly basis to a separate fund established and administered by the Baldwin County Commission, to be known as the Juvenile Supervision Services Fund, to be expended as necessary by the juvenile court to provide juvenile supervision services, such as those provided by the Office of Juvenile Probation and the Juvenile Conference Committee portion of the Judicial Volunteer Program in Baldwin County, to offset travel expenses, administrative expenses, and if necessary, to assist in paying salaries for juvenile probation officers and the juvenile volunteer coordinator.
Ala. Code § 45-6-82.40 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-82.40
Section 45-6-82.40 Salary of Judge of Probate
Status: in_force

Effective on June 1, 2023, the Judge of Probate of Bullock County shall be entitled to an additional annual salary in the amount of twelve thousand five hundred dollars ($12,500) per year payable in equal monthly installments from the general fund of the county. The salary provided by this section shall be in addition to any other compensation, salary, or expense allowance otherwise provided by law.
Ala. Code § 45-52-161.04 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-161.04
Section 45-52-161.04 Further Payment to Participating Boards of Education
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2025-442, EFFECTIVE OCTOBER 1, 2025.
Ala. Code § 45-30A-50.12 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.12
Section 45-30A-50.12 Method of Filing Vacancies
Status: in_force

Except as hereinafter provided, vacancies in positions in the classified service shall be filled by the appointing authority by the appointment of a person whose name is certified, within 30 days after certification. Certification shall be made upon the request of the appointing authority therefor whenever a vacancy exists, the appointing authority, in his or her discretion, determines that such vacancy shall be filled, and the name of an applicant for such vacancy is eligible for certification. If there is a laid off person on the reemployment list with respect to a vacancy, only the top name on such list shall be eligible for certification. In the event the top person is not available for appointment, the next ranking names may be certified until the highest ranking person who is available is appointed. In the event there is no such reemployment list, and the names on the promotional eligible list for such vacancy plus the names on the original appointment eligible list for such vacancy equal three or more, the three names ranked highest on the promotional eligible list shall be eligible for certification; provided, however, should the promotional eligible list not contain three names, then the names appearing thereon, plus such of the names ranked highest on the original appointment eligible list as shall be sufficient to bring the number of certified to three shall be eligible for certification. If after making reasonable effort it should prove impossible for the appointing authority to locate any of the persons so certified or should it become known to the board that any person so certified is not willing to accept the position, the appointing authority may request that additional names be certified until the appointing authority has available to him or her a list from which to make the appointment containing the aforesaid authorized number of persons all of whom are available for such appointment and willing to accept the position, or, in the event that the list certified to the appointing authority contains fewer than the authorized number of available and willing persons as aforesaid from which to make a selection, the appointing authority, in his or her discretion, may choose from the remaining certified names, make a temporary appointment, or make no appointment. In the event that there does not exist an employment list which the board deems to be appropriate from which to fill the vacancy, the board shall prepare such a list within a reasonable time after receipt of the request of the appointing authority that eligibility be certified. Provided, however, nothing herein contained shall be construed as preventing an appointing authority, in his or her discretion, from withdrawing his or her request for the aforesaid certification, either before or after such certification has been made in response to his or her request therefor. Whenever a person has been certified to and rejected by an appointing authority three times, the board may remove the name of such person from the eligible list on which his or her name appeared. A person shall be deemed to have been so rejected by an appointing authority when a vacancy is filled from an eligible list on which his or her name appeared and such person was not selected to fill the vacancy.
Ala. Code § 45-40-233.76 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-233.76
Section 45-40-233.76 Relation to Rules of Criminal Procedure
Status: in_force

The provisions of this subpart pertaining to pretrial release shall be applied in conformity with the principles and guidelines set forth in Rules 7.2(a) and (b), 7.3, 7.4, and 7.5 of the Alabama Rules of Criminal Procedure.