Ala. Code § 45-37A-52.56 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.56
Section 45-37A-52.56 Powers
Status: in_force

Except those powers specifically granted by this part to the mayor or as otherwise granted to the mayor by law, all powers of the city, including all powers vested in it by this part, by the laws, general and local, of the state, and the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power to:

(1) Adopt the budget of the city.

(2) Authorize the issuance of bonds or warrants.

(3) Inquire into the conduct of any office, department, or agency of the city and make investigations as to municipal affairs.

(4) Except as otherwise provided by law or Act 2016-277, appoint the members of all boards, commissions, or other bodies authorized hereunder or by law. This provision for appointment of members of boards, commissions, or other bodies authorized hereunder or by law shall supersede any different provision for appointment of such members contained in any statute or ordinance in effect at the time of adoption by the city of the mayor-council form of government set up by this part, and shall include power to remove any member of any board, commission, or body to the same extent as might be done by the governing body of the city at the time of adoption by the city of the mayor-council form of government set up by this part and to appoint another in his or her stead. And wherever in any statute in effect at the time of adoption by the city of the mayor-council form of government the chief executive officer of the city is designated to act in any capacity ex officio, the mayor shall act. This subdivision shall not override the express terms of the Lewis Spratt Act, Subpart 1, commencing with Section 45-37A-50, Part 1 of this article.

(5) Succeed to all the powers, rights, and privileges conferred upon the former governing body of the city by statutes in effect at the time of adoption by the city of the mayor-council form of government and not in conflict with this part.

(6) Levy property and license taxes and local improvement assessments.

(7) Employ for and on behalf of the city such employees as the council may deem necessary to assist the council and perform such duties relating to the work of the council as the president of the council may assign. Each such employee shall serve at the pleasure of the council at such compensation as the council may set, and shall not be under any merit or civil service system. Each such employee shall by reason of such employment become a member of the pension system covering the general employees of such city, if there be such a system, to the same extent and in the same manner as other general employees of the city; provided, application for such inclusion in such pension system be made to the board or other authority administering such pension system within 30 days of May 31, 1984, or, thereafter, within 30 days of their appointment. If no such application be made within such time, such council employees shall not hereafter be a member of such system.
Ala. Code § 45-43-247.04 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-247.04
Section 45-43-247.04 Application of Laws, Rules and Regulations
Status: in_force

All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section 40-25-1 to Section 40-25-28, inclusive, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this part as fully as if set out herein.
Ala. Code § 45-44-244.33 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-244.33
Section 45-44-244.33 Filing of Returns
Status: in_force

When a monthly or quarterly return is not filed by an employer and the fees are not paid, the employee for whom no return has been filed and no payment has been made shall file a return with the revenue commissioner on or before the first day of the second month following the end of each monthly or quarterly period, showing in the return his or her gross receipts subject to fees for the month or quarter. He or she shall also file a return with the revenue commissioner on or before January 31 of each year in which his or her employer has failed to file any monthly or quarterly return required in the preceding calendar year, showing on the return the gross receipts subject to fees during the preceding calendar year. If, for any reason, all fees were not withheld by the employer from the gross receipts, the employee shall file each return required on a form obtainable at the office of the revenue commissioner. In addition to the gross receipts earned by the employee, the return shall show any other information as may be required by the revenue commissioner. Each person making a return, at the time of filing, shall pay the county the amount of fees due minus any portion of the fees deducted at the source. Each employee shall keep accurate records of all compensation, deductions, fees, payments, and returns. The records shall be kept and maintained by each employee for not less than five years subsequent to the date such compensation was earned.
Ala. Code § 45-44-260 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-260
Section 45-44-260 Creation of Planning Commission
Status: in_force

There is hereby created a planning commission for Macon County, Alabama, which shall be appointed as provided by this article and shall have responsibilities and duties as provided by this article. The planning commission shall be known as the Macon County Planning Commission.
Ala. Code § 45-2-261.15 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-261.15
Section 45-2-261.15 Remedies
Status: in_force

If any building or structure is erected, constructed, altered, repaired, converted, or maintained, or if any land is used in violation of this subpart or any ordinance or regulation promulgated under the authority conferred by this subpart, the county attorney, or other appropriate administrative officer of Baldwin County shall institute any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the land or to restrain, correct, or abate the violation, or to prevent the occupancy of any building or structure, or to prevent any illegal act, conduct, business, or misuse in or upon any premises regulated under the authority conferred by this subpart. In addition to the foregoing, the Baldwin County Commission may adopt ordinances or regulations providing for a penalty in the form of a fine for the violation of the provisions of any ordinance or regulation promulgated under this subpart. The fine shall not exceed one hundred fifty dollars ($150) and cost of court for each offense. Each day the violation continues shall constitute a separate offense.
Ala. Code § 45-29-82 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-82
Section 45-29-82 District Attorney
Status: in_force

The District Attorney of the Twenty-fourth Judicial Circuit shall receive a five hundred dollar ($500) per month expense allowance to be paid by the district attorney’s funds in the two counties of the circuit which do not contribute to the expense allowance of the presiding judge under Section 45-29-80.01. One-half of the district attorney’s expense allowance shall be paid by each of the two counties. The expense allowance shall be in addition to all other expense allowances, salary, or other compensation presently authorized.
Ala. Code § 45-22-70.02 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-70.02
Section 45-22-70.02 Commission Districts
Status: in_force

(a) Commission District One is described as follows: That area of the county which lies to the East of U.S. Highway 31 and North of U.S. Highway 278.

(b) Commission District Two is described as follows: That area of the county which lies to the West of U.S. Highway 31 and North of U.S. Highway 278.

(c) Commission District Three is described as follows: That area of the county which lies East of U.S. Highway 31 and South of U.S. Highway 278.

(d) Commission District Four is described as follows: That area of the county which lies West of U.S. Highway 31 and South of U.S. Highway 278.
Ala. Code § 45-23-244.05 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-244.05
Section 45-23-244.05 Disposition of Funds
Status: in_force

(a) The proceeds from the tax hereby authorized, less the actual cost of collection not to exceed five per centum shall be paid by the State Department of Revenue to the Dale County Commission, on a monthly basis. Five percent of the revenue shall be paid into the county general fund. The remaining funds shall be placed by the Dale County Commission into a special account to be used exclusively for fire protection purposes in Dale County. The Dale County Commission shall be authorized to enter into service contracts with individual fire departments or with associations which represent more than one fire department, or both, to provide fire protection to a part or all of the county. The compensation for the contracts shall be paid from funds in the special account. The Dale County Commission shall be authorized to develop certain standards and criteria which shall be met by all fire departments with which it enters into contract.

(b) It is the intent of the Legislature that the contractual agreements shall be considered as a contract between the county and an independent contractor. It is the further intent of the Legislature that the fire departments shall not be considered as employees, servants, or agents of the county and the members of the Dale County Commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the fire departments or with the association, or both.
Ala. Code § 45-44-150.14 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-150.14
Section 45-44-150.14 Disposition of Funds
Status: in_force

(a) All fees, commissions, taxes, and other monies, including fines and forfeitures, received under this part shall be paid to the treasurer of the racing commission. All such monies remaining after payment of expenses incurred in the administration of this part shall be distributed as provided by law within 15 days following the quarterly receipt thereof. The Macon County Racing Commission shall then distribute such net proceeds on a quarterly basis as follows:

(1) The first 51 percent of such net proceeds shall be distributed to the Macon County Board of Education as follows:

a. Fifty-one percent of the 51 percent shall go to the general fund of the Macon County Board of Education to be used as they shall see fit.

b. The remaining 49 percent of the 51 percent shall be used exclusively for a pro rata basis salary subsidy for all employees of the county board of education including specifically teachers, administrative personnel and support personnel which includes bus drivers, lunchroom workers, janitors, and any other support personnel.

(2) The next 20 percent of such net proceeds shall be paid to the county commission to be used as follows:

a. Forty-five percent of the 20 percent to the general fund to be used as the county commission sees fit.

b. Ten percent of the 20 percent shall immediately upon receipt by the county commission be paid directly to a sheriff’s department fund and shall be placed in no other fund or account. The sheriff’s department fund shall be established by the sheriff and shall be under the exclusive domain and control of the sheriff. No other county official shall have any control of money placed in the sheriff’s department fund. Money placed in the sheriff’s department fund shall be used exclusively for law enforcement purposes.

c. Ten percent of the 20 percent thereof to the county library.

d. Ten percent of the 20 percent thereof earmarked for indigent medical care.

e. Five percent of the 20 percent thereof to the Macon County Council on Retardation and Rehabilitation.

f. Five percent of the 20 percent thereof to the Macon County Department of Human Resources.

g. Ten percent of the 20 percent thereof to the Macon County Health Care Authority for the construction, maintenance, and operation of the Representative Thomas Reed Charity Urgency Health Care Center. The amendment made to this paragraph by Act 97-884, 1st Sp. Sess., shall have retroactive effect to July 22, 1983.

h. Five percent of the 20 percent for recreation in West, East, North, and South Macon County.

(3) Fifteen percent of the net proceeds shall go to the general funds of the following cities and towns in Macon County, in the following amounts, to be used as their respective governing bodies see fit:

a. Sixty-two and one-half percent to the City of Tuskegee.

b. Twenty-five percent to the Town of Notasulga.

c. Six and one-fourth percent to the Town of Franklin.

d. Six and one-fourth percent to the Town of Shorter.

(4) Eight percent of the net proceeds shall go to Tuskegee University to be used as follows:

a. Sixty-three percent of the eight percent thereof to the general budget of the university.

b. Thirty-seven percent of the eight percent thereof to fund a special scholarship fund as determined and administered by the university for economically disadvantaged residents of Macon County.

(5) Two and three-fourths percent of the total net proceeds shall go to the Macon County Community Action Program.

(6) Two percent of the total net proceeds shall go to the Southern Vocational College.

(7) One-fourth of one percent of the total net proceeds shall go to the Tuskegee-Macon County YMCA.

(8) One percent of the total net proceeds shall go to St. Joseph’s School.

(b) If any of the agencies receiving funds under this section cease to exist or should it be determined unlawful for any of the agencies to receive such funds, then the funds allocated thereto shall immediately accrue to the general fund from which the monies were to have been disbursed and the respective governing or administrative bodies may appropriate and spend the money for any lawful purpose.
Ala. Code § 45-43-246.03 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.03
Section 45-43-246.03 Payment and Reporting
Status: in_force

The sales tax levied pursuant to Section 45-43-246.01 shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues; the use tax levied pursuant to Section 45-43-246.01 shall be due and payable quarterly on or before the twentieth day of the month next succeeding each quarterly period during which the storage, use, or other consumption of the tangible personal property became taxable, each such quarterly period to end on the last day of each of the months of March, June, September, and December. All taxes levied pursuant to this subpart shall be paid to and collected by the State Department of Revenue at the same time and along with the collection of the state sales tax and the state use tax. On or prior to the due dates of the taxes levied each person subject to such taxes shall file with the State Department of Revenue a report or return in such form as may be prescribed by the department, setting forth with respect to all sales and business that are required to be used as a measurement of the tax levied, a correct statement of the gross proceeds of all such sales and the gross receipts of all such business, and setting forth with respect to the use tax levied, the total sales price of all property, the use, storage, or other consumption of which became subject to the tax during the then preceding quarterly period. Such reports shall include also such other items of information pertinent to the taxes and the amount thereof as the State Department of Revenue may require. Any person subject to the taxes levied may defer reporting credit sales until after their collection, and in the event he or she so defers reporting them, he or she shall thereafter include in each monthly report all credit collections made during the month preceding, and shall pay the taxes due thereon at the time of filing such report. All reports or returns filed with the State Department of Revenue under this section shall be available for inspection by the governing body of Lowndes County, or its designated agent, at reasonable times during business hours.
Ala. Code § 45-45-233.27 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.27
Section 45-45-233.27 Judicial Officer
Status: in_force

As used in this subpart, the term judicial officer means, unless otherwise indicated, any circuit judge or equivalent thereof in the Twenty-third Judicial Circuit, any judge of probate in Madison County, any district court judge or judge of any other court created in lieu thereof, or equivalent thereof in Madison County, and any municipal judge in Madison County.
Ala. Code § 45-48-247.02 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-247.02
Section 45-48-247.02 Violations
Status: in_force

It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Marshall County in the business for which the tax is hereby levied to fail or refuse to add to the price and collect from the purchaser the amount due on account of the tax herein provided or to refund or offer to refund all or part of the amount collected or absorb or advertise directly or indirectly the absorption of the tax or any portion thereof.

(1) The proceeds from the tax hereby authorized, less the actual cost of collection not to exceed ten per centum shall be paid by the State Department of Revenue to the Marshall County Commission, on a monthly basis. On the first day of each month, all revenue shall be divided equally among qualified volunteer fire departments of Marshall County that presently include the Volunteer Fire Departments of Asbury, Beulah, Douglas, Four C, Georgia Mountain, Grant, Hebron, Mt. Hebron, Nixon Chapel, Ruth, Swearengin, Tri-Community, Union Grove, and Wakefield; city fire departments of Marshall County that presently include the City Fire Departments of Albertville, Arab, Boaz, and Guntersville; and rescue squads of Marshall County that presently include Arab, Guntersville, and Union.

(2) The Marshall County Association of Volunteer Firemen shall formu- late a plan by which new volunteer fire departments or rescue squads may be qualified to share in the revenue and can be eligible for funds upon qualifying and becoming recognized in the prescribed manner. The new city fire departments are automatically members and eligible to receive funding.

(3) Should a volunteer fire department, city fire department, or rescue squad cease to exist, their share of the monies shall be divided equally among the remaining participants and the remaining participants shall equally share in absorbing services rendered by the defunct entity or entities.
Ala. Code § 45-20-130.03 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-130.03
Section 45-20-130.03 Wages and Salaries for Necessary Labor
Status: in_force

It shall be the duty of the county commission to fix, from time to time, in accordance with prevailing economic conditions, the various scales of wages or salaries to be paid for labor necessary in the inspection, maintenance, and construction of public roads, bridges, and ferries. The wage or salary scale shall not be exceeded by the engineer in employing labor and assistants.
Ala. Code § 45-9-91 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-91
Section 45-9-91 Creation; Composition; Headquarters; Meetings; Personnel
Status: in_force

(a) Pursuant to Amendment 678 of the Constitution of Alabama of 1901, there is created and established the Chambers County Industrial Development Council on September 1, 2001. Initially, the council shall consist of the current members of the Industrial Development Authority of Chambers County. As the terms of the members of the authority expire, their successors shall be appointed to the new council as follows:

(1) The county commissioners from Commission Districts 1, 2, and 3 shall each appoint one member for initial terms of one year each.

(2) The county commissioners from Commission Districts 4, 5, and 6 shall each appoint one member for initial terms of two years each.

(3) The governing body of each incorporated municipality in the county shall appoint one member for an initial term of three years.

(4) A consensus of the state legislative delegation for the county shall appoint two members for initial terms of four years.

When the appointments have been made, the council shall be composed of 11 members who are residents and qualified electors of the county.

Thereafter, successor members shall likewise be appointed for terms of four years. The council shall hold an organizational meeting called by the present chair of the Industrial Development Authority of Chambers County no later than 10 days after August 1, 2001, at which the council shall elect a chair and vice chair by majority vote of the members present and voting at the meeting. Thereafter, it shall meet at least quarterly on the call of the chair or upon a petition signed by at least two-thirds of the members of the council and filed with the chair of the council stating a need for a special meeting. Members of the council shall serve without compensation, but they shall be entitled to reimbursement from funds of the council for their actual and necessary expenses incurred in the performance of their actual duties.

(b)(1) The council may select a formal name for the council. The council shall have the authority to negotiate for the county on all industrial and economic development matters. The council shall formulate and implement plans to promote and foster the industrial development and economic growth of all areas of Chambers County and any incorporated municipalities located within the county. The council shall be entitled to all of the powers, rights, privileges, exemptions, immunities, and authority provided by the general laws of Alabama to local industrial development authorities, including, but not limited to, abatement of taxes, issuance of bonds, acquisition, enlargement, improvement, replacement, ownership, leasing, selling, or disposing of properties to the end that the council may be able to promote the creation of jobs and develop commerce and trade within the county and the state.

(2) The headquarters office of the council shall be located in Chambers County. At the first board meeting in January of each year, the board of directors, by a majority vote, shall elect a chair, vice chair, secretary, and treasurer who shall hold office until their successors have likewise been elected. The council may adopt bylaws to regulate and administer the day-to-day business of the Chambers County Industrial Development Council.

(3) The council may employ such personnel as it deems necessary to carry out its duties and purposes. Personnel employed by the council may participate in the Employees’ Retirement System of Alabama like other employees of the county and may purchase prior service credit in the Employees’ Retirement System for service rendered to the Industrial Development Authority of Chambers County under the applicable laws, rules, and regulations of the Employees’ Retirement System.

(c) The council, as herein provided, may be financially supported, from time to time, by revenues from whatever source derived as appropriated to the council by a municipal governing body, the county commission, or the Legislature.
Ala. Code § 45-49-170.70 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.70
Section 45-49-170.70 Authority to Move or Demolish Certain Buildings, Structures, Etc
Status: in_force

The county commission may move or demolish buildings or structures, or parts of buildings or structures, including party walls and foundations, when found by the county commission to constitute a public nuisance from any cause.
Ala. Code § 45-1-241.02 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-241.02
Section 45-1-241.02 Deputies, Clerks, and Assistants
Status: in_force

Subject to the approval of the county commission, the county revenue commissioner shall appoint and fix the duties and compensation of a sufficient number of deputies, clerks, and assistants to perform properly the duties of office. The acts of deputies shall have the same force and legal effect as if performed by the county revenue commissioner personally.
Ala. Code § 45-37-140.06 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-140.06
Section 45-37-140.06 Election Notice
Status: in_force

(a) As used herein the following terms shall have the meanings hereby ascribed to them:

(1) DISTRICT. A district for fighting fires, a district for garbage disposal, or a district for fighting fires and garbage disposal.

(2) FIRE STATION. A fire station maintained in a district or a fire station within a proposed district being maintained and operated at the time the petition for an election on the proposed district is filed in the office of the judge of probate.

(3) PROPOSED AREA. An area which it is proposed be brought within a district by enlargement of the district.

(4) PROPOSED DISTRICT. An area for which it is proposed that there be established a district.

(b) Not more than 35 days and not less than 20 days before any election is held under this article the judge of probate shall publish one time a notice thereof in a newspaper of general circulation in the territory where the election is to be held. The notice shall state all of the following:

(1) The date of the election.

(2) The question or questions to be submitted at the election.

(3) A recital that the description of the proposed district or proposed area has been filed in the office of the Judge of Probate of Jefferson County, if the election is on a proposed district or a proposed area.

(4) A recital that a description of the proposed district or proposed area has been posted in each fire station, and a recital of the location of any such fire station, if there is a fire station and if the election is on a proposed district or proposed area.

(5) A recital that the proposed service charge has been filed in the office of the Judge of Probate of Jefferson County, if the election is on levying a service charge.

(6) A recital that the proposed service charge has been posted in each fire station and a recital of the location of such fire station, if there is a fire station and if the election is on levying a service charge.

(c) The notice published by the judge of probate shall not be required to contain a legal description or metes and bounds description of any proposed district or proposed area. Such notice shall refer to any existing district by name and to any proposed district by the name of the proposed district stated in the petition for the election.

(d) For the purpose of giving notice the judge of probate shall be authorized to accept the assurance given to him or her by one or more persons filing the petition that the description of the proposed district or the proposed area, or the proposed service charge, has been posted in the fire station, or fire stations, as required hereby. Such assurance shall be written, or typed, and shall be over the signature of a person having personal knowledge that the description of the proposed district or proposed area or the proposed service charge has been posted in a conspicuous place in the fire station or fire stations. The notice of an election on levying a service charge shall not be required to set forth in full the proposed ordinance or regulation levying the charge; but it shall be sufficient if the notice summarizes the amount, or the rate, of the charge.
Ala. Code § 45-43-81 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-81
Section 45-43-81 Law Library
Status: in_force

In each civil and criminal case hereafter filed in any municipal, circuit, or district court in Lowndes County, there shall be taxed as costs the sum of two dollars ($2). The costs taxed under this section shall be collected as other costs in such cases are collected, and when collected by the clerks or other collecting officers of such courts, including the register of the circuit court, shall be by them paid over to the treasurer or depository of Lowndes County for deposit in the county treasury. The sums so paid over to the county treasury or depository shall be maintained in a separate fund in the county treasury, designated as the Lowndes County Law Library Fund, and shall be expended by the district court judge presiding over Lowndes County for establishing, maintaining, equipping, and operating a law library at Hayneville. The presiding district court judge shall draw warrants on the county treasury in making expenditures for the purposes contemplated in this section, and shall indicate on the warrants the fund against which the warrants are drawn. The items of cost above referred to shall be designated as law library fee, and when any part of the costs in a case have been paid, the amount necessary for the payment of the fee shall be applied thereto before applying any of the amount paid as costs to any other item of costs. On or before the tenth day of each month, the clerks or other collecting officers of the respective courts, including the register of the circuit court, shall pay over to the county treasurer or depository all amounts collected as law library fees previously to the first day of the month. The management of the law library is vested in the presiding district court judge of Lowndes County. All books or other property purchased with the funds produced by this section shall be the property of Lowndes County.
Ala. Code § 45-39-92.02 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.02
Section 45-39-92.02 Board of Directors; Meetings; Compensation
Status: in_force

(a) The 24 members of the authority shall constitute the board of directors of the authority. The authority shall hold an organizational meeting within 30 days after the appointment of all its members and shall elect a chair, vice chair, and treasurer from among its members.

(b) Terms of office and the duties and responsibilities of the officers shall be set forth in the bylaws of the authority. The board of directors shall oversee the affairs and management of the authority.

(c) The authority shall meet at the time and place designated by the chair of the board or, in the absence of the chair, by the vice chair. The chair, or a majority of the members of the board, may call a meeting of the authority, and at least four meetings shall be held annually. The chair shall preside at each meeting of the authority. In the absence of the chair, the vice chair shall preside. A majority of the members of the authority shall constitute a quorum.

(d) Members of the authority shall receive no compensation for their services, but they shall be entitled to reimbursement for their actual and necessary expenses incurred in the performance of their official duties.

(e) The procedure for election of officers and reasonable expense allowances may be altered by amending the bylaws of the authority or by subsequent legislative acts.
Ala. Code § 45-1-81.34 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-81.34
Section 45-1-81.34 Construction with Other Laws
Status: in_force

All laws of Alabama relating to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving system installed hereunder, including, without limitation, Section 12-13-43, and all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exemptions, certificates of judgment, or plats or maps showing subdivisions of real estate that are not inconsistent with this subpart shall continue in effect with respect to an improved recording, archiving, and retrieving system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.
Ala. Code § 45-35A-54.01 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.01
Section 45-35A-54.01 Territorial Limits; Wards; Board of Commissioner’s of the City of Dothan
Status: in_force

The territorial limits of the city shall remain the same as under its former organization, except that for the purpose of holding elections under applicable laws the present governing body of Dothan shall, by duly enacted ordinance, divide such city into four wards, each containing as nearly as practical an equal number of qualified electors of the city. Ward No. 1 shall be that portion of the city in the northeast section, Ward No. 2 shall be that portion of the city in the southeast section, Ward No. 3 shall be that portion of the city in the southwest section, and Ward No. 4 shall be that portion of the city in the northwest section. One associate commissioner shall reside in each of the four wards, and prior to his or her election to represent a ward, shall have resided in the ward for at least six months. The president of the board of commissioners may live in either ward. All candidates for election as members of the board of commissioners shall have been qualified electors in the city for at least one year prior to his or her qualifying as a candidate for office. The president and the associate commissioners provided for by this part shall be known collectively as the Board of Commissioners of the City of Dothan and shall have powers and duties hereinafter provided.
Ala. Code § 45-49-171.42 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.42
Section 45-49-171.42 Legislative Intent
Status: in_force

It is the intention of the Legislature by the passage of this subpart to be in accordance with Section 88 of the Constitution of Alabama of 1901.
Ala. Code § 45-37-249.09 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-249.09
Section 45-37-249.09 Jefferson County 2015 Sales Tax Fund
Status: in_force

(a) There is hereby created a governmental fund of the county to be designated the Jefferson County 2015 Sales Tax Fund. The county commission shall maintain the 2015 Sales Tax Fund and shall administer it according to its normal fund administration procedures.

(b) As promptly as practicable after the end of each fiscal year of the county, funds on deposit in the 2015 Sales Tax Fund as of September 30 of each year shall be distributed to the city or county boards of education then serving students resident in the county according to the following procedure:

(1) Each county or city board of education serving any portion of the county shall certify in writing to the county commission its average daily membership of students resident in the county, its certified enrollment, calculated in accordance with Article 11 of Chapter 13 of Title 16, or any successor thereto. County or city boards of education may use their certification to the state Department of Education under the state Foundation Program for this purpose to the extent such certification includes only students resident in the county.

(2) Upon receipt of the certified enrollment from each board of education described in this section, the county commission shall determine the total number of students resident in the county and enrolled in public schools serving the county.

(3) As promptly as practicable thereafter, the county commission shall distribute from the 2015 Sales Tax Fund to each board of education described in this section an amount equal to its pro rata share of the amount on deposit in the 2015 Sales Tax Fund as of September 30 of the prior fiscal year of the county, taking into account each board of education’s certified enrollment and the total number of students resident in the county and enrolled in public schools serving the county.

(c) Absent manifest error, the determination by the county commission of the distribution of funds from the 2015 Sales Tax Fund shall be conclusive.
Ala. Code § 45-31-242.05 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-242.05
Section 45-31-242.05 Application of Laws, Rules, and Regulations
Status: in_force

All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section 40-25-1 through Section 40-25-28, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this part as fully set out herein.
Ala. Code § 45-31-242 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-242
Section 45-31-242 Levy of Tax
Status: in_force

(a) The Geneva County Commission is hereby authorized to impose upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in Geneva County a county privilege, license, or excise tax in the following amounts:

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

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

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

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

(5) Three cents ($0.03) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

(b) The privilege, license, or excise tax shall be in addition to all other federal, state, or local taxes heretofore imposed by law.

(c) Provided, however, when the license tax hereby required to be paid shall have been paid by a wholesaler or seller of cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, such payment shall be sufficient, the intent being that such license tax hereby required to be paid shall be paid but once on each package of cigarettes and on each cigar.
Ala. Code § 45-37A-51.238 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.238
Section 45-37A-51.238 Determination of Right to Benefits
Status: in_force

The determination of the rights of a retiree to benefits or rights of survivors or named beneficiaries to death or other benefits under this system shall be determined on the basis of the law governing the system which is in effect on the date of retirement of the retiree or death of the participant as the case may be and the right of any beneficiaries or contingent payees as herein provided shall be determined on the basis of the law governing this system which is in effect on the date of the death of the retiree or participant which gave rise to the rights of the beneficiary or contingent payee.
Ala. Code § 45-49-235.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-235.01
Section 45-49-235.01 Reporting to Jail
Status: in_force

Any person who has been sentenced to the Mobile County Jail and who has been released pursuant to Section 45-49-235, may at the time of sentencing or at any time while part of his or her sentence remains unserved, be required by the court to report to the jail to be incarcerated during weekends or at such times or intervals of time as the court may direct. Any time so spent in jail shall be deducted from the term of the sentence. Any part of a day spent in the institution shall count as a full day toward the serving of the sentence. In no event shall the number of days of confinement exceed the number of days in the original sentence.
Ala. Code § 45-9-231 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-231
Section 45-9-231 Deputies to Receive Badge and Pistol
Status: in_force

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

(b) Any person employed as a commissioned deputy of the sheriff’s office of Chambers County for a period of 10 years or more who upon retirement leaves the office in good standing shall receive from the office, without costs to him or her, a retired badge, a retired commission card, and his or her service pistol.
Ala. Code § 45-31-84.02 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-84.02
Section 45-31-84.02 Establishment of Pretrial Diversion Program; Discretionary Powers; Supervision and Control
Status: in_force

(a) A municipality may establish a pretrial diversion program.

(b) All discretionary powers endowed by a common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the municipality shall be retained.

(c) The pretrial diversion program shall be under the direct supervision and control of the municipality and the municipality may contract with any agency, person, or corporation for services related to this part. The municipality may employ necessary persons to accomplish this part and those persons shall serve at the pleasure of the municipality.
Ala. Code § 45-32-151.02 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-151.02
Section 45-32-151.02 State and Local Taxes
Status: reserved

(a) The total pari-mutuel pools or handle bet by bettors placing their bets at the Greene County Racetrack on greyhound racing events that are received by television from elsewhere shall be subject to the state privilege tax levied by Chapter 26A, Title 40, and to all local taxes on pari-mutuel wagering at the same rate, in the same manner, and on the same terms as are applicable to the local pari-mutuel tax on live greyhound racing conducted at the Greene County Racetrack; provided, however, that any additional amounts due pursuant to the current licenses issued by the Greene County Racing Commission shall be the amounts due and payable to the racing commission. The total handle bet at the Greene County Racetrack on horse racing events that are received by television from elsewhere shall be subject to (1) a local tax on pari-mutuel wagering that shall be levied at the same rates and calculated in the same manner as the commission horse wagering fee levied pursuant to Section 11-65-30, for horse racing conducted in Class 1 municipalities and shall be collected, administrated, and distributed in the same manner and on the same terms as are applicable to the local pari-mutuel tax on live greyhound racing conducted at the Greene County Racetrack; provided, however, that one year from May 21, 1996, the fee shall be four percent and (2) the state horse wagering fee levied pursuant to Section 11-65-29, notwithstanding the circumstance that the Greene County Racetrack is not located in a Class 1 municipality.

(b) Local taxes applicable to pari-mutuel wagering at the Greene County Racetrack shall not be applicable to amounts bet at other racetracks in the State of Alabama on televised racing events received from the Greene County Racetrack, irrespective of whether the amounts are bet as part of combined pools created and administered by the racing operator at the Greene County Racetrack. Taxes levied by the State of Alabama on amounts bet on televised racing events shall be collected by the license operator of the racetrack at which the amounts are bet, and the racing operator of the Greene County Racetrack shall have no responsibility for the collection of state taxes on amounts bet at other racetracks in the state on televised events transmitted from the Greene County Racetrack. Taxes on pari-mutuel wagering levied pursuant to any law of the State of Alabama shall not apply to amounts bet on televised events at locations outside the state.

(c) The tax imposed upon admission to the Greene County Racetrack is repealed.
Ala. Code § 45-34-71 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-71
Section 45-34-71 Composition; Chair
Status: in_force

The Henry County Commission shall be composed of five members and a chair. The judge of probate shall serve as the commission’s chair and shall preside at its meetings but shall not be entitled to vote on any matter before the commission.
Ala. Code § 45-51A-35.29 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-35.29
Section 45-51A-35.29 Late Fees; Record of Civil Violations
Status: in_force

The city may provide by ordinance that a late fee not exceeding twenty-five dollars ($25) shall attach to untimely paid civil fines that are authorized in this subpart. No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation made under this subpart shall be listed, entered, or reported on any criminal record or driving record, whether the record is maintained by the city or an outside agency. An adjudication of civil violation provided for in this subpart shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for any subsequent offense of a criminal nature, shall not be considered a moving violation, and shall not be used by any insurance company to determine or affect premiums or rates unless an accident occurred due to the violation. The fact that a person is held liable or responsible for a civil fine for a red light violation shall not be used as evidence that the person was guilty of negligence or other culpable conduct, and any evidence generated by a photographic traffic signal enforcement system may only be used as evidence in other proceedings if it is or becomes admissible under the rules of evidence applicable therein.
Ala. Code § 45-15-82.02 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-82.02
Section 45-15-82.02 License Records
Status: in_force

The judge of probate shall keep at all times an accurate record of all licenses received by him or her from the state Comptroller and of the disposition made of them, of all monies received, and of the licenses issued by him or her. The judge of probate shall report to the state Comptroller at the same time and in the same manner that the judges of probate are required to do under the general law. All unissued licenses and the stubs or duplicates or carbon copies of licenses issued shall be accounted for in the same manner that judges of probate are required to account for by law.
Ala. Code § 45-27-171 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-171
Section 45-27-171 Individuals with Mental Illness Taken into Temporary Protective Custody
Status: in_force

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

(1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Escambia County which is authorized by the sheriff to exercise the authority described in this section.

(2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers’ Standards and Training Commission.

(b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others.

(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and treatment to those with mental illnesses or other designated treatment facility for an evaluation and treatment.

b. If the individual does not consent to the transport, the officer may use reasonable force necessary to carry out the transport.

c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1 of Chapter 52 of Title 22.

d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section is not mentally ill or a danger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county.

(c) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime.

(d)(1) It is the policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility to act in the best interests of the state by detaining individuals who are mentally ill and a danger to themselves or others for evaluation and treatment. The state finds that these actions are necessary to protect the individuals and the public. These entities and individuals are acting in the name of the state and are acting as state agents, when acting pursuant to this section, in making determinations, detaining, releasing, admitting, discharging, or otherwise taking action under this section. When acting pursuant to this section, a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility shall be afforded immunity under Section 36-1-12, as any other state employee or agent of the state.

(2) Nothing in this section shall modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of these laws or any judicial interpretation of these laws.
Ala. Code § 45-22-81.04 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-81.04
Section 45-22-81.04 Solicitor’s Fee
Status: in_force

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Cullman County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly to the Solicitor’s Fund or District Attorney’s Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. Three dollars ($3) of each fee when collected may be retained by the clerk of the court as an administrative fee. The administrative fee collected by the circuit clerk shall be expended pursuant to subdivision (2) of Section 12-17-225.4.

(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted.

(c) The solicitor’s fee shall be expended by the district attorney for the payment of any and all expenses incurred or for any legitimate law enforcement purpose.
Ala. Code § 45-37A-351 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-351
Section 45-37A-351 Special School District Tax
Status: in_force

The following words and phrases used in this section and others evidently intended as the equivalent thereof, shall, in the absence of a clear implication herein otherwise, be given the following respective interpretations herein:

(1) AMENDMENT 316. That certain amendment to the constitution that was proposed by Act 509 enacted at the 1971 Regular Session of the Legislature of Alabama.

(2) AMENDMENT 373. That certain amendment to the constitution that was proposed by Act 6 enacted at the 1978 Second Special Session of the Legislature of Alabama.

(3) COMMISSION. The Jefferson County Commission or other governing body of the county.

(4) CONSTITUTION. The Constitution of Alabama of 1901.

(5) COUNTY. Jefferson County, Alabama.

(6) SPECIAL SCHOOL DISTRICT TAX. The special ad valorem tax for public school purposes that is authorized in Amendment 316 to be levied and collected on taxable property in the special school tax district.

(7) SPECIAL SCHOOL TAX DISTRICT. The special school tax district in the county subject to the jurisdiction and control of the Board of Education of the City of Mountain Brook, which consists of all the area lying within the corporate limits of the City of Mountain Brook, Alabama, as such school tax district now exists or as it may be hereafter formed.

(b) The county is presently authorized to levy and collect the special school district tax at a rate of $.85 on each one hundred dollars (8.5 mills on each dollar) of assessed value pursuant to Amendment 316 and proceedings heretofore taken by the county commission under Amendment 373. Pursuant to a resolution adopted by the county commission in accordance with Amendment 373, the county proposes to increase the rate at which the county is authorized to levy and collect the special school district tax to a maximum rate, for any tax year, which is equal to $1.85 on each one hundred dollars (18.5 mills on each dollar) of assessed value.

(c) Pursuant to subsection (f) of Amendment 373 and a resolution heretofore adopted by the county commission after a public hearing, the county commission is hereby authorized to increase the rate at which the county is authorized to levy and collect the special school district tax to a maximum rate, for any tax year, which is equal to $1.85 on each one hundred dollars (18.5 mills on each dollar) of assessed value.

(d) The increase in the rate at which the special school district tax may be levied and collected pursuant to this section is subject to the approval of a majority of the qualified electors residing in the special school tax district who vote on the proposed increase at a special election called and held for such purpose pursuant to subsection (f) of Amendment 373.
Ala. Code § 45-31-130.03 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-130.03
Section 45-31-130.03 Wage or Salary Scale
Status: in_force

It shall be the duty of the commission to fix, from time to time, in accordance with prevailing economic conditions, the various scales of wages or salaries to be paid for labor necessary in the maintenance and construction of roads, bridges, ferries, and public facilities and the wage or salary scale shall not be exceeded by the engineer in the employment of labor and assistants.
Ala. Code § 45-35A-51.10 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.10
Section 45-35A-51.10 Classification of Positions
Status: in_force

The director shall, as soon as practicable after his or her appointment, ascertain and record an outline of the duties of each position to be filled from the classified service, and after consultation with the appointing authority, recommend to the board a classification plan, together with proposed rules and regulations for its administration. Such plan shall show each class of position in the classified service, separately stated as to each appointing authority, and when approved by the board, the plan together with the rules and regulations for its administration shall be made public. Each such class shall include positions requiring duties which are substantially similar in respect to the authority, responsibility, and the character of the services required, and shall be designated by a title indicative of such duties. Each class shall be so defined that the same general requirements as to education, experience, capacity, knowledge, skill, and aptitude are demanded of incumbents, for the proper performance of their respective duties. The same test of fitness may be used in selecting qualified appointees, the same schedule of pay may apply where equitable, and the same practical plan of promotion and demotion shall as far as practicable be followed. The director shall have authority and it shall be his or her duty to investigate the number of employees in any department or office in the city and if in his or her opinion, after conference with the department head, there are an excessive number, or an insufficient number of employees, in proportion to the amount of work required in such department or office, the director shall recommend to the board that the excessive number of employees be laid off or transferred, either permanently or temporarily in accordance with this part; or the director, if in his or her judgment there be an insufficient number of employees, with the approval of the board, may certify to the appointing authority additional names to fill such positions, and the appointing authority shall forthwith put into effect the order of the personnel board, in such respect.
Ala. Code § 45-49-120.33 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120.33
Section 45-49-120.33 Court Proceedings
Status: in_force

Orders of the personnel director and personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal to the Circuit Court of Mobile County from any order of the board, by filing notice thereof with the board, whereupon the board shall certify to a transcript of the proceedings before it and file the same in court. Only findings of fact of the board contained in the transcript, if supported by substantial evidence adduced before the board or before its personnel director after hearing and upon notice to the interested party or parties, and after affording the parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall be made up under the direction of the court within 30 days after the transcript is filed therein, and the trial shall proceed on the evidence contained in the transcript, if it appears therefrom that the evidence was taken after such notice and opportunity to be heard. If upon appeal, the court finds that the ruling, order, or action appealed from is unlawful or unreasonable within the meaning of this part, the court shall vacate or modify the same.
Ala. Code § 45-2-80.84 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-80.84
Section 45-2-80.84 Law Library and Judicial Administration Fees
Status: in_force

The items of cost referred to above shall be designated in the respective courts as “Law Library and Judicial Administration Fee” and when any part of the costs in such a case or proceeding shall have been paid, the amount necessary for the payment of the fee shall be applied thereto before applying any of the amount paid as costs to any other item of cost. On or before the tenth day of each month the clerk or register of the respective courts shall pay to the Baldwin County Commission the amounts collected for the law library and judicial administration fees previous to the first day of the month.
Ala. Code § 45-32-20 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-20
Section 45-32-20 Sale of Beer or Ale in Cans
Status: in_force

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

(b) The taxes on the beer or ale in such containers shall be as provided by general state law.
Ala. Code § 45-23A-91.19 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.19
Section 45-23A-91.19 Dissolution of the Corporation; Vesting of Title to Property in the City
Status: in_force

At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record a certified copy of the resolution in the office of the Judge of Probate of Dale County, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the city.
Ala. Code § 45-15-240 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-240
Section 45-15-240 Election of Commissioner
Status: in_force

After September 30, 1985, or upon occurrence of a vacancy in either the office of tax assessor or tax collector, there shall be a county revenue commissioner in Cleburne County. A commissioner shall be elected at the general election in 1984 and at the general election every six years thereafter, who shall serve for a term of six years beginning on the first day of October next after his or her election, and until his or her successor is elected and has qualified.
Ala. Code § 45-35-232.30 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.30
Section 45-35-232.30 Revocation of Release - Probable Cause of Felony or Misdemeanor
Status: in_force

(a) A person who has been conditionally released pursuant to this subpart shall be subject to revocation of release if there is probable cause to believe he or she has committed a felony or misdemeanor while released.

b) A proceeding for revocation of release pursuant to this section, shall be initiated by any person responsible for administering this subpart giving notice to the district attorney. When the district attorney receives a notice, a warrant for the arrest of a person who is charged with violating the conditions of release pursuant to this section shall be issued by any officer authorized to issue warrants on the affidavit of the district attorney, any assistant district attorney, or any person responsible for administering this subpart. The person arrested under a warrant pursuant to this section shall be brought before a judicial officer in the county. An order of revocation shall not be entered unless, after a hearing, the judicial officer finds by clear and convincing evidence that: A state or federal magistrate, judge, or judicial officer, or grand jury has found probable cause to believe that the person has committed a felony or misdemeanor, and the act on which the felony or misdemeanor is based was committed while the person was released under this subpart.
Ala. Code § 45-21-84 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-84
Section 45-21-84 Assessment and Collection of Motor Vehicle Taxes, Etc.; Titles and Licenses
Status: in_force

The Judge of Probate of Crenshaw County shall perform all duties relative to the assessment and collection of taxes on motor vehicles, motor vehicle titles, and non-motorized vehicles in Crenshaw County which the revenue commissioner is required under the law to perform. The revenue commissioner shall be relieved of all duties and responsibilities relative to the assessment and collection of taxes on motor vehicles, motor vehicle titles, and non-motorized vehicles, and the judge of probate shall have all the duties and responsibilities relative to the assessment and collection of taxes and issuance of motor vehicle licenses and titles for motorized and non-motorized vehicles. For purposes of this subpart, the term “motor vehicle” shall mean the same as defined in Article 5, commencing with Section 40-12-240, Chapter 12, Title 40.
Ala. Code § 45-31-120.03 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-120.03
Section 45-31-120.03 Board Members
Status: in_force

(a) The personnel program established by this part shall be administered by the board. The board shall be composed of five members who shall be appointed as follows:

(1) One member shall be appointed by the judge of probate and the initial term shall be for two years.

(2) One member shall be appointed by the sheriff and the initial term shall be for three years.

(3) One member shall be appointed by the revenue commissioner and the initial term shall be for five years.

(4) Effective January 1, 1997, the member appointed by the circuit clerk shall be replaced by a successor selected by a committee of employees. The employee representative selection committee shall be composed of one employee from the sheriff’s office, one employee from the probate office, one employee from the office of revenue commissioner, and two employees from the road and bridge department. The employees on the committee shall be selected by the employees of the appropriate office by a secret ballot at a meeting called for that purpose. The employee representative on the board shall be a registered voter in the county, but shall not be an employee of the county or related by blood or marriage to an employee of the county or any county elected official.

(5) One member shall be appointed by the county commission.

(b) Upon the expiration of the initial term of each member, the successor shall be appointed by the original appointing authority for a term of five years

(c) No person shall be appointed to the personnel board unless he or she is of recognized good character and ability, and is an actual resident in and qualified elector of the county. No person shall be eligible to appointment or shall continue to be a member of a board created under this part who holds an elective office under the state, county, or any city therein, or who is a candidate for elective office. Vacancies on the board shall be filled for the unexpired terms in the same manner as original appointments are made. The board shall elect a chair from among its members, who shall preside at its meetings. Three members shall constitute a quorum for the transaction of any business which may properly come before the board. Each person so appointed shall, within 15 days after appointment, qualify by making oath that he or she will faithfully execute the duties of office to the best of his or her ability and knowledge, which oath shall be recorded as provided by law. The board shall adopt reasonable rules regulating the procedure of the board. Notice of all meetings of the board shall be given to each member by the clerk of the board.
Ala. Code § 45-2-181 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-181
Section 45-2-181 Highway Maintenance, Repair or Construction; Personnel; Equipment; Compensation
Status: in_force

(a) Any special, local, or general law to the contrary notwithstanding, the Baldwin County governing body, upon adoption of a resolution, is authorized to employ, supervise, and direct highway personnel necessary to construct, maintain, and repair public roads, bridges, and ferries, together with or supplemental to those persons now employed by the State Department of Transportation.

(b) Any special, local, or general law to the contrary notwithstanding, the Baldwin County governing body is authorized, upon adoption of a resolution, to purchase or lease equipment and materials and to contract for the purchase or lease of equipment and materials necessary for the construction, maintenance, and repair of public roads, bridges, and ferries in Baldwin County.

(c) The Baldwin County governing body is authorized to provide, upon adoption of a resolution, for the compensation of personnel, and the payment for the purchase or lease of equipment and materials in the same manner as heretofore; provided, however, that additional appropriations from the county treasury may be made therefor as prescribed in Chapter 11A of Title 11.
Ala. Code § 45-8-200.15 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-200.15
Section 45-8-200.15 Intent and Purpose of Part
Status: in_force

It is the intent and purpose of this part to provide a more convenient and efficient method of issuing licenses and to render a better service to the people of such counties, by incorporating in one county office the assessment and collection of all taxes on motor vehicles.
Ala. Code § 45-6A-80 — Alabama Code / Title 45 / Chapter 6A / Section 45-6A-80
Section 45-6A-80 Regulation of Sale and Distribution of Alcoholic Beverages on Sunday
Status: reserved

Repealed by Act 2019-212, § 3, effective May 22, 2019.
Ala. Code § 45-51A-33.242 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.242
Section 45-51A-33.242 Investigations by Council or Mayor
Status: in_force

The council, the mayor, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Failure to obey a subpoena or to produce books, papers, or other evidence as ordered under this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed one hundred dollars ($100) or by imprisonment not to exceed six months, or both.
Ala. Code § 45-45-84 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-84
Section 45-45-84 Salary Supplement - Judges of District Court of Twenty-Third Judicial Circuit
Status: in_force

The salary of each judge of the District Court of the Twenty-third Judicial Circuit shall be supplemented by the county which makes up the judicial circuit, in the amount of eleven thousand dollars ($11,000) annually. The amount shall be paid in equal monthly installments in the same manner as is paid to a judge of the circuit court, and shall be paid from the general fund of the county of the judicial circuit.
Ala. Code § 45-51A-35.22 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-35.22
Section 45-51A-35.22 Definitions
Status: in_force

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

(1) CITY. The City of Montgomery, Alabama.

(2) CIVIL FINE. The monetary amount assessed by the City of Montgomery pursuant to this subpart for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction.

(3) CIVIL VIOLATION. There is created a non-criminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this subpart. The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation created hereby shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-51A-35.25, and in no event shall an adjudication of liability for a civil violation be punishable by a criminal fine or imprisonment.

(4) OWNER. The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. The term shall not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is rented or leased to another person under a rental or lease agreement with the company, in which event owner shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying dealer license plates, in which event owner shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of any stolen motor vehicle, in which event owner shall mean the person who is guilty of stealing the motor vehicle.

(5) PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM.

a. A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection.

b. The device shall be capable of producing at least two recorded images, at least one of which is capable of clearly depicting the license plate of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.

(6) TRAFFIC-CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1.1.

(7) TRAFFIC SIGNAL VIOLATION. Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-5, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle’s lane of travel is emitting a steady red signal. A traffic signal violation shall be a civil violation as defined in this subpart.

(8) TRAINED TECHNICIAN. A sworn law enforcement officer employed by the City of Montgomery, who alternatively:

a. Is a professional engineer in the field of civil engineering.

b. Has received instruction and training in the proper use of the photographic traffic signal enforcement system to be used by the city by the city’s traffic engineer or his or her designee.

c. Has been trained by the vendor installing the equipment. Under no circumstances shall the salary or other compensation of the trained technician be related to the number of notices of violation issued or amount of fines collected.
Ala. Code § 45-15-90 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-90
Section 45-15-90
Status: in_force

(a) The Cleburne County Economic Development Authority is established to negotiate for the county on all industrial and economic development matters in the county. The board of directors of the authority shall consist of the following members, all of whom must be residents and qualified electors of the county:

(1) Two members serving an initial term of two years, one of whom is appointed by the county commissioner representing District 4 and one of whom is appointed by the county commissioner representing District 2.

(2) Two members serving an initial term of four years, one of whom is appointed by the county commissioner representing District 1 and one of whom is appointed by the county commissioner representing District 3.

(3) One member serving an initial term of six years appointed by the chair of the county commission.

(b) Following initial terms, all members shall serve four-year terms that shall commence on January 1. Any vacancy on the board shall be filled by the respective appointing authority for the remainder of the member’s term.

(c) Members of the board shall serve without compensation but are entitled to reimbursement from funds of the authority for their actual and necessary expenses incurred in the performance of their actual duties.

(d) No later than November 1, 2026, the board shall hold an organizational meeting at which time the board shall elect a chair and vice chair by majority vote of the members present and voting at the meeting. Thereafter, the board of directors shall meet at least quarterly and at any other time if two-thirds of the members of the board submit a request to the chair of the board stating a need for a special meeting.

(e) At the first board meeting in January of each year, the board of directors, by a majority vote, shall elect a chair, vice chair, secretary, and treasurer who shall hold office until their successors have been elected.
Ala. Code § 45-20-71.23 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.23
Section 45-20-71.23 Road Engineer or Supervisor
Status: in_force

If the board should be authorized lawfully to employ an engineer or supervisor for the roads of the entire county, such supervisor shall be subject to the jurisdiction of each board member so far as the maintenance, appointment, designation, and construction of roads and bridges within the member’s district are concerned, unless otherwise provided by law.
Ala. Code § 45-54-242.51 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.51
Section 45-54-242.51 Levy of Special County Privilege License Tax
Status: in_force

(a) Upon referendum approval by the qualified electors of the county, the Pickens County Commission may levy and impose in addition to all other taxes, including municipal gross receipts license taxes now imposed by law, a special county privilege license tax of one percent on all tangible personal property except that automobiles, farm machinery, and machinery used for manufacture shall be fully exempted. The levy shall parallel the state sales and use taxes and be determined by the application of the rates against gross sales or gross receipts, as the case may be.

(b) There are exempted from this section and from the computation of additional tax imposed in this section, the gross receipts of any business and the gross proceeds of all sales that are presently exempted under the state sales and use tax statutes from the computation of state sales and use taxes.
Ala. Code § 45-8-204 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-204
Section 45-8-204 Voiding of License for Invalid Payment; Reimbursement for Monetary Loss; Due Care
Status: in_force

(a) When a check or credit card tendered by an individual, company, or other entity for payment of any motor vehicle license, vessel registration, privilege license, door to door sales license, rental lease, driver license, or manufactured home registration is found to be noncollectible at the time of deposit, the license commissioner or license inspector shall make a reasonable attempt to retrieve the motor vehicle license plate or decal and to retrieve all other licenses and decals for the enforcement of this section. In the event the motor vehicle license plate, decal, or other license cannot be retrieved, the license commissioner may void sales and use taxes, issuance fees, interest, penalties, and costs. After the motor vehicle or other license has been voided, the license commissioner shall receive credit for costs associated with the noncollectible check, credit card, or instrument issued. The appropriate state office shall mark the records pertaining to the voided license accordingly, and upon inquiry by any law enforcement agency, shall notify the agency that the party in question is operating under a voided license. All violations shall be prosecuted in accordance to law.

(b) The Calhoun County Commission shall reimburse the office of the License Commissioner of Calhoun County from the General Fund of Calhoun County up to three thousand five hundred dollars ($3,500) per year for the amount of any losses arising or caused by any errors, mistakes, or omissions of the license commissioner or his or her agents if caused without personal knowledge, including losses arising from acceptance of worthless or forged checks, drafts, money orders, credit cards, or other written or online orders for money or its equivalent.

(c) The license commissioner shall ensure that his or her employees exercise due care in performing their duties and make a diligent effort to correct any error, mistake, or omission and collect the amount subject to potential loss immediately upon becoming aware of the potential loss. This section shall not apply to any deliberate misuse or misappropriation of funds by the license commissioner or any clerk or employees of the office.

(d) This section is supplemental and shall be construed in pari materia with other laws regarding the office of the license commissioner.
Ala. Code § 45-57A-63.47 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.47
Section 45-57A-63.47 Meetings; Passage of Ordinances
Status: in_force

The council shall hold regular public meetings as may be prescribed by its own rules, provided that a regular hour and day shall be fixed by the order of the council, and publicly announced. The council may hold adjourned, called, special, or other meetings as the business of the city may require. The mayor, when present, and in his or her absence the mayor pro-tem, shall preside at all meetings of the council. A majority of the whole qualified membership of the council shall constitute a quorum for the transaction of any and every power conferred upon the council. The affirmative vote of a majority of the quorum shall be necessary and sufficient for the passage of any resolution, rule or ordinance, or the transaction of any business of any sort by the council or the exercise of any of the powers conferred upon it by this part or which may hereafter be conferred upon it. No resolution or ordinance granting any franchise, appropriating any money for any purpose, providing for any public improvements, any regulation concerning the public health, or of any other general or permanent nature shall be enacted except at a regular public meeting of the council or an adjournment thereof; provided that a resolution or ordinance of any emergency nature may be passed by the council at any meeting. A resolution or ordinance shall be deemed to be of any emergency nature if it shall be declared so to be by an affirmative vote of not less than four-fifths of the whole qualified membership of the council. Every ordinance introduced shall be in writing and read before any vote thereon shall be taken, and the yeas and nays thereon shall be recorded. A record of the proceedings of every meeting of the council shall be taken and prepared by the city clerk, and the record of the proceedings of the meeting, when approved by the council, shall be signed by the mayor and the city clerk and entered in the journal. The journal shall be kept available for inspection by all persons at all reasonable times. No ordinance of permanent operation shall be passed at the meeting at which it was introduced except by unanimous consent of all members of the council present and unanimous consent shall be shown by the yea and nay votes entered upon the minutes of the meeting; provided, however, that if all members of the council present vote for the passage of the ordinance and their names are so entered of record as voting in favor thereof, it shall be construed as giving unanimous consent to the action upon the ordinance at the meeting at which it is introduced. Publication of ordinances shall be had as provided in Section 11–45–8.
Ala. Code § 45-45-233.33 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.33
Section 45-45-233.33 Accepting a Bribe
Status: in_force

Any sheriff, deputy sheriff, policeman, peace officer, warrant magistrate, or any other person who has the power to arrest or to hold another person in custody, or any public official or employee, who receives a fee or rebate or receives or agrees to receive anything of value, including any stock or a beneficial interest in a surety or bail bond company, from any person engaged in the bail bond business, or from any person, firm, or corporation engaged in the bail bond business or otherwise engaged in the business of undertaking to act as surety on bail bonds, with an understanding, expressed or implied, that his or her actions, decisions, or judgment will be influenced thereby or that he or she will favor any person, firm, or corporation in the approval or disapproval of bail bonds or in granting access to any jail where prisoners are kept, shall be guilty of accepting a bribe and shall be punished as prescribed by Section 13A-10-61.
Ala. Code § 45-8-120.18 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-120.18
Section 45-8-120.18 Pending Proceedings
Status: in_force

All proceedings pending before the board in accordance with prior legislative and board requirements in effect on May 16, 1996, shall be completed in accordance with this article and the board’s implementing rules and regulations.
Ala. Code § 45-39-243.05 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-243.05
Section 45-39-243.05 Enforcement
Status: in_force

It shall be the duty of the County Commission of Lauderdale County to enforce this part upon its imposing the tax thereunder, and it shall have the right itself, or its members or its agents, to examine the books, reports, and accounts of every distributor, storer, or retail dealer of gasoline or motor fuel on which the tax has been imposed and to make any and all rules and regulations necessary and proper for the collection of the tax. Provided, however, upon resolution of the Lauderdale County Commission, the State Department of Revenue is hereby authorized and directed to collect all taxes now or hereafter levied by the county under this part. All persons, firms, businesses, and corporations subject to and owing such taxes shall be and hereby are directed to pay the same over to the department and the payment shall be a full and complete discharge of all liability therefor to the county. The department is authorized to promulgate reasonable rules and regulations to facilitate the orderly and efficient collection of the taxes. The department is authorized to recover all costs of collecting the taxes, not to exceed five percent of the proceeds thereof, from the proceeds and shall pay the net amount remaining thereafter to the county.
Ala. Code § 45-42-162.15 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.15
Section 45-42-162.15 Elective Officers
Status: in_force

(a) The sheriff shall have such duties as prescribed by Alabama law except that the sheriff shall not be the chief conservator of peace. The function of chief conservator of peace is transferred to the chief of police as provided for by the metropolitan-government. The sheriff shall be responsible for the jail(s) and the serving process. All fees, commissions, emoluments, and perquisites of the office of sheriff shall accrue to the metropolitan-government.

(b) The revenue commissioner shall have such duties as prescribed by Alabama law including the appraisal, assessment, and collection of real and personal property taxes.

(c) The license commissioner shall have such duties as are now assigned to that function and such duties relating to licenses and fees as may be assigned by the policy body of the metropolitan-government in the future.
Ala. Code § 45-4-244.48 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-244.48
Section 45-4-244.48 Disposition of Funds
Status: in_force

The proceeds from all taxes collected under this subpart shall be remitted to Bibb County and deposited in the Bibb County General Fund. Eighty percent of the net proceeds after the cost of collection shall be distributed to the Bibb County Board of Education to be used for the acquisition, construction, maintenance, equipping, and operation of public school facilities, and the board’s share of the net proceeds may be pledged as security for the payment of principal and interest on any indebtedness heretofore or hereafter issued to provide public school facilities in the county. The remaining 20 percent of the net proceeds shall be retained by the county and used only for road and bridge construction and maintenance and public safety purposes.
Ala. Code § 45-13A-30 — Alabama Code / Title 45 / Chapter 13A / Section 45-13A-30
Section 45-13A-30 Court Costs
Status: in_force

(a) That in addition to all court costs which are presently authorized to be imposed in the Municipal Court of the Town of Grove Hill, Alabama, under Section 12-14-14, the governing body of the Town of Grove Hill is hereby authorized to impose, by enactment of an ordinance, additional court costs, not to exceed ten dollars ($10), upon each conviction in the municipal court for violation of any municipal ordinance.

(b) All such additional costs, so imposed, shall be paid into the General Fund of the Town of Grove Hill and shall be used by it solely for the promotion of law enforcement within the Town of Grove Hill and its police jurisdiction.
Ala. Code § 45-49-42.09 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-42.09
Section 45-49-42.09 Services Rendered Only When Establishment Open to Public; Inspections
Status: in_force

It shall be unlawful for any person to render any service to the public upon the premises of a massage parlor within the county except during the time that the establishment is open with free access thereto by the public, during which time all portions of such establishment shall be open to the inspection of any county official and to any law enforcement officer of the state, or of the jurisdiction where the establishment is located.
Ala. Code § 45-51A-32 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32
Section 45-51A-32 Holidays
Status: in_force

Employees of the City of Montgomery shall enjoy the same number of holidays as state employees. Provided, however, Montgomery City employees shall observe those holidays on the same days as employees of the federal government. If there be more state holidays than there are federal holidays, the remaining state holidays shall be taken as personal leave days which shall be authorized by the city council for each employee after coordination and approval of such personal days by each city department head.
Ala. Code § 45-35A-54.35 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.35
Section 45-35A-54.35 Bribery; Voter Fraud
Status: in_force

Any person offering to give a bribe, either in money or other consideration, to any voter for the purpose of influencing his or her vote at any election provided in this part, or any voter entitled to vote at such election, receiving and accepting such bribe or other consideration, or any person making false answer to any of the provisions of this part relative to his or her qualifications to vote at an election, or any person willfully voting or offering to vote at such election who has not complied with the residency requirements provided for by general law, or who is not voting age, or is not a citizen of the United States, or knowing himself or herself not to be a qualified voter of the precinct, where he or she offers to vote, or any person knowingly procuring, aiding, or abetting any violation hereof, shall be deemed guilty of a misdemeanor.
Ala. Code § 45-9-82.33 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-82.33
Section 45-9-82.33 Funding
Status: in_force

The pretrial diversion program may apply for grants applicable to the aims of the program, may accept gifts from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program.
Ala. Code § 45-48A-61.02 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-61.02
Section 45-48A-61.02 Bond Issue Authorized
Status: in_force

(a) In payment for the purchase, lease, construction, acquisition, extension, or maintenance of the cable television system, the municipal corporation may issue its bonds in the manner provided by law.

(b) The municipal corporation, in order to secure the prompt and faithful payment of the principal and interest of all debts, bonds, or other evidences of indebtedness incurred or issued by it for the construction, acquisition, lease, extension, or maintenance of a television cable system may execute a mortgage or deed of trust upon any or all of the system and all property used in the operation, including the franchise in whole or in part.

(c) The mortgage or deed of trust may contain terms, conditions, covenants, and warranties for the protection of the bond holders or securities issued by the municipal corporation cable television system, as determined and agreed upon from time to time by the governing body of the municipal corporation and persons, firms, or corporations owning the debts, bonds, or securities.

(d) The mortgages may provide that in the event of the foreclosure of the mortgage or deed of trust, that the purchaser at the foreclosure sale may acquire the right, privilege, and franchise of operating the system as may be sold or conveyed, and the purchaser or vendee may have the right, authority, and privilege to carry on and operate the system in the same manner, or on the same terms, and to the same extent as the municipal corporation is authorized to operate, with the exception of eminent domain authority, until the municipal corporation may redeem the system from the mortgage sale.

(e) The mortgage or deed of trust may provide:

(1) That during the ownership of the system by the municipal corporation, the control of the service of the system shall not be diminished or interfered with by the granting any other franchise for the operation of any other plant or system for similar purposes.

(2) That the rates and charges shall be established and maintained to sufficiently meet the cost of operation and maintenance.

(3) That the municipal corporation may pledge all of the receipts, earnings, and revenues from the operation of the system for the payment of the debts, bonds, or other evidences of indebtedness secured by the mortgages or deeds of trust.
Ala. Code § 45-44-231.44 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-231.44
Section 45-44-231.44 Escape from Custody
Status: in_force

The willful failure of an inmate to remain within the extended limits of his or her confinement or to return to the county jail within the time prescribed by the sheriff shall be deemed as an escape from the custody of the sheriff and shall be punishable as prescribed by law for escaped prisoners.
Ala. Code § 45-51-232.01 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-232.01
Section 45-51-232.01 Funding of Work Release Program and Community Corrections Program
Status: in_force

(a) The Legislature finds that there is a demonstrated local need to adequately fund the Montgomery County Work Release Program of the Montgomery County Community Corrections Department by assisting the county in its operation of those programs.

(b)(1) In addition to any fees already assessed on an offender participating in the Montgomery County Work Release Program or the Montgomery County Community Corrections Program, there shall be assessed up to an additional 15 percent of the gross earnings of the offender earned while released. The amount to be assessed shall be determined by the sentencing judge in the matter related to the offender.

(2) All proceeds collected pursuant to this section shall be deposited into the county general fund to be used for funding the Montgomery County Work Release Program and the Montgomery County Community Corrections Program.
Ala. Code § 45-57-171 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-171
Section 45-57-171 Reasonable Fees for Environmental Services
Status: in_force

The Russell County Board of Health shall designate the environmental services by the Russell County Health Department for which a fee may be levied and shall set the fee to be levied for each service. Any fees to be levied, or increased, pursuant to this section shall be subject to prior approval by the Russell County Commission. Prior to the approval by the county commission, the county health department shall publish written notice for two consecutive weeks of the levy or increase of fees in a newspaper of general circulation published in the county. The county health department shall levy and collect the fees authorized by this section. All fees collected shall be appropriated to the county health department.
Ala. Code § 45-26-246.20 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-246.20
Section 45-26-246.20 Levy of Tax
Status: in_force

(a) In Elmore County, in addition to all other taxes imposed by law, there is levied a privilege or license tax in the amount prescribed in this section against every person within the county engaging in the business of renting or furnishing a room or rooms, lodging, or accommodations to any transient in any place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration.

(b)(1) The amount of the tax shall be equal to a percent of the charge for the rooms, lodgings, or accommodations, including the charge for use of rental or personal property and services furnished in the room or rooms within Elmore County equal to a percent in the corporate limits of each municipality levying a lodging tax and a percent in the remainder of the county outside of the corporate limits of any municipality levying a lodging tax so that the total lodging tax levied in each municipality levying a lodging tax on January 1, 2020, and in the remainder of the county outside of the corporate limits of any municipality levying a lodging tax is equal to 15.5 percent, based on the lodging tax levied by any municipality on January 1, 2020; provided, however, in any municipality levying a lodging tax on January 1, 2020, equal to or exceeding 15.5 percent, no additional lodging tax shall be levied.

(2) In any municipality where the municipality levies both a lodging tax and a cooperative district assessment for lodging, the lodging tax and the cooperative district assessment fee on lodging at any lodging establishment shall be added together and the total tax and fees on lodging at the establishments shall not exceed the 15.5 percent considering the combined lodging tax and cooperative district assessment fee that was in effect as of January 1, 2020.

(3) In the event that a lodging tax and a cooperative district assessment fee on lodging is required to be added together, the county shall receive a minimum of two percent of the lodging tax levied by this subpart prior to distribution to a municipality as provided in this subpart.

(4) In addition, there is levied, in all areas of the county other than within the corporate limits of the City of Prattville, an additional room fee on the rental of a room subject to the lodging tax in the amount of two dollars ($2) in order to equalize the room fee in Elmore County with the rate in effect on May 2, 2023, in the corporate limits of the City of Prattville.
Ala. Code § 45-49-249.52 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.52
Section 45-49-249.52 Collection of Taxes
Status: in_force

All county privilege, license, or excise taxes levied or authorized to be levied by local law or resolution of the Mobile County Commission, in Mobile County on the sale, distribution, storage, use, or otherwise consumption of all tobacco products in the county shall be collected after October 1, 2019, by Mobile County in accordance with and subject to the procedures provided in this subpart.
Ala. Code § 45-51A-31.80 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-31.80
Section 45-51A-31.80 Applicability
Status: in_force

This subpart shall apply to all incorporated cities having a population of not less than 70,000 nor more than 135,000, according to the last or any subsequent federal decennial census.
Ala. Code § 45-48-241 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-241
Section 45-48-241 Election of County Revenue Commissioner; Term of Office
Status: in_force

Effective October 1, 2003, there shall be a county revenue commissioner in Marshall County. A commissioner shall be elected at the general election in 2002, and at the general election every six years thereafter, who shall serve for a term of six years beginning on the first day of October after his or her election, and until his or her successor is elected and has qualified.
Ala. Code § 45-48-230.40 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-230.40
Section 45-48-230.40 Sheriff Reserve Officers
Status: in_force

(a) The Sheriff of Marshall County is hereby authorized to establish a sheriff reserve to be composed of persons who volunteer to serve, without compensation, as sheriff reserve officers of the sheriff’s department.

(b) The sheriff reserve officers shall at all times serve under the direction and supervision of the sheriff or members of the sheriff’s department. The sheriff shall determine the fitness of persons to serve as sheriff reserve officers and shall provide the training necessary for reserve officers.

(c) The duties of a sheriff reserve officer shall be limited to assisting the sheriff’s department in the performance of its regularly constituted duties. The reserve officers shall serve under the immediate supervision of a lawful sheriff’s department officer. The sheriff reserve officers shall have the authority to carry firearms when summoned to duty and shall have arrest powers only in the event the full-time sheriff’s department deputy is incapacitated or unable to perform an arrest. Sheriff reserve officers, while lawfully serving under the supervision and direction of the sheriff or a member of the sheriff’s department, shall have the same defenses, protection, and immunities afforded regularly employed sheriff’s deputies and those powers shall be recognized by all courts having jurisdiction over offenses against the laws of this state.
Ala. Code § 45-27-245.64 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-245.64
Section 45-27-245.64 Collection and Enforcement
Status: in_force

The tax levied by this subpart shall constitute a debt due Escambia County. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. Escambia County shall collect the tax, enforce this subpart, and have and exercise all rights and remedies otherwise currently applicable or which may be provided for in the future for the collection of the sales and use taxes in Escambia County.
Ala. Code § 45-45-81.50 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-81.50
Section 45-45-81.50 Salary Supplement
Status: in_force

Each supernumerary court reporter of the Twenty-third Judicial Circuit in Madison County, Alabama, is hereby entitled to and shall be paid a county salary supplement in an amount equal to 40 percent of his or her annual salary as paid by the State of Alabama. Such county supplement shall be in addition to any and all other compensation or expense allowances heretofore provided by law for such reporters. The supplement shall be paid in equal monthly installments from the county treasury of Madison County.
Ala. Code § 45-26-81.43 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-81.43
Section 45-26-81.43 Collection and Disposition of Fees
Status: in_force

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.
Ala. Code § 45-40-142.01 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.01
Section 45-40-142.01 Scope of Fire Protection Services; Development of Plan
Status: in_force

(a) A fire district in the county shall provide fire protection services within its service area for fires and related emergency incidents that are not the primary responsibility of law enforcement or emergency medical services.

(b) The county commission may request the county association to develop a written plan for fire districts in the county which provides for all of the following:

(1) Procedures for the number and selection of a board of directors and officers.

(2) Procedures for operations, funds management, and accounting.

(3) Procedures for the county association to monitor compliance with the plan.

(4) Procedures for dissolution.
Ala. Code § 45-7-231 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-231
Section 45-7-231 Refund of Retirement System Contributions
Status: in_force

Any former sheriff of Butler County who is forced to withdraw from any retirement system in which he or she was a member and who by virtue of being a member of such retirement system was required to pay both the employer’s and the employee’s share of contributions, shall have refunded by the county all personal contributions as hereinafter provided. The county commission shall refund any contributions not previously refunded by warrant drawn on the county treasury in the same manner and under the same conditions as any such previous refund.
Ala. Code § 45-14-244 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-244
Section 45-14-244 Levy of Tax; Legislative Intent
Status: in_force

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

(1) Twenty-five cents ($.25) for each package of cigarettes made of tobacco or any substitute therefor.

(2) Twelve cents ($.12) for each cigar of any description made of tobacco or any substitute therefor, but not including cigarette sized and near cigarette sized cigars which shall be taxed in the same manner as cigarettes under subdivision (1).

(3) Twenty-five cents ($.25) for each sack, can, package, or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which are prepared in such manner suitable for smoking in a pipe or cigarette.

(4) Twenty-five cents ($.25) for each sack, plug, package, or other container of chewing tobacco, which tobacco is prepared in such manner suitable for chewing only and not suitable for smoking as described in subdivision (3).

(5) Twenty-five cents ($.25) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

(6) Twenty-five cents ($.25) for each package of tobacco paper, both gummed and ungummed.

(b) The privilege, license, or excise tax shall be in addition to all other taxes imposed by law and shall be collected in the same manner as other taxes on tobacco, except that when the license tax required by this part has been paid by a wholesaler or seller of the products, that payment shall be sufficient. The legislative intent is that the tax shall be paid only once on each package of cigarettes, chewing tobacco, snuff, cigars of every description, and smoking tobacco of every description, and for each package of tobacco paper, whether gummed or ungummed.
Ala. Code § 45-10-201.03 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-201.03
Section 45-10-201.03 Fees
Status: in_force

The license commissioner shall charge and collect all fees that are required by law. All collected fees shall be the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake of fact or law shall be processed as provided by the general laws.
Ala. Code § 45-39A-13.06 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-13.06
Section 45-39A-13.06 Vacancies
Status: in_force

The chief of police, as far as the police department be concerned, and the chief of the fire department, as far as the fire department be concerned shall notify the civil service board of vacancies in the ranks of patrolmen or firemen, respectively, and the board shall furnish the respective chiefs with the name and address, or names and addresses, of the candidate or candidates standing highest on the eligible list, and same shall receive the appointment or appointments to fill the vacancy or vacancies. All appointments shall be on probation for a period of six months from date of appointment. Before the expiration of the period of probation, the chiefs of fire and police departments, respectively, may, by and with the consent of the board, discharge any probationer in his or her respective department upon assigning in writing the reasons therefor to the board. If a probationer be not discharged before the expiration of his or her probation, his or her appointment shall be deemed complete.
Ala. Code § 45-29-90.01 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-90.01
Section 45-29-90.01 Tom Bevill Reservoir Management Area
Status: in_force

In the interest of unified development and protection, there is hereby created and established the Tom Bevill Reservoir Management Area in Fayette County for the purposes of water conservation and supply, dam construction and reservoir development, industrial development, navigation, flood control, irrigation, public recreation, and related purposes. There is hereby authorized, and shall be established as hereinafter provided, a development authority for the lands included in the Tom Bevill Reservoir Management Area. The authority, when incorporated in accordance herewith, shall be a public corporation and a political subdivision of the State of Alabama, composed of a board of directors selected and empowered as hereinafter provided.
Ala. Code § 45-45-80.20 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-80.20
Section 45-45-80.20 Nominees for Judicial Vacancies
Status: in_force

In Madison County, the Madison County Judicial Commission before submitting nominations to the Governor to fill a judicial vacancy pursuant to Amendment 334 of the Constitution of Alabama of 1901, shall make the list of judicial nominees public and vote on the list of judicial nominees to be submitted to the Governor to fill the judicial vacancy at a public meeting.
Ala. Code § 45-48-70.15 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.15
Section 45-48-70.15 Work Prohibited on Private Property Except in Certain Cases
Status: in_force

The use of any county equipment, materials, or supplies or property of any nature in the custody of or under control of the commission for any kind of work, job, or project on property not owned by the county (excepting church grounds, cemeteries, any public school property of the Marshall County Board of Education or city board of education within Marshall County, and property owned by organizations composed entirely of United States war veterans) or on property outside the county, or the authorization of such work by the commission or by any member of the commission, is strictly prohibited. This section shall not apply to reciprocal agreements authorized by the commission between Marshall County and any adjoining counties when such agreements are deemed to be in the best interests of Marshall County. Violation of this section shall result in forfeiture of office and removal by impeachment of such member or members and in addition the forfeiture of the sum of five thousand dollars ($5,000) to be covered by suit brought by a qualified elector of the county, one-half for use of such elector and one-half for use of the county.
Ala. Code § 45-53-111 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-111
Section 45-53-111 Creation; Composition
Status: in_force

In Perry County, there is created a three member Perry County Districting Commission, hereinafter referred to as districting commission, to establish districts for the election of members of the Perry County Commission and the Perry County Board of Education. One member of the districting commission shall be appointed by the Perry County Board of Education, hereinafter referred to as board; one member shall be appointed by the Perry County Commission, hereinafter referred to as commission; and, one member shall be appointed by the state representative and state senator representing Perry County, hereinafter referred to as delegation. The board, commission, and delegation may hereinafter be referred to as appointing authorities. If the board or the commission does not appoint its member to the districting commission within 45 days from May 8, 1985, the delegation shall make the appointments within 10 days thereafter. Members of the districting commission shall be registered voters of the county, over the age of 19 years, and may not be a member of the commission, board, or the delegation. The commission and board shall provide any clerical, technical, or other assistance needed by the districting commission.
Ala. Code § 45-45-31.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-31.01
Section 45-45-31.01 Charge for Services
Status: in_force

The court or board is authorized to charge to any office, court, board, institution, department, or agency of the county the cost of photographing or microphotographing of public records belonging to that office, court, board, institution, department, or agency, by the charging of the cost of such work to that office, court, board, institution, department, or agency’s appropriation from the county budget.
Ala. Code § 45-1-80 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-80
Section 45-1-80 Juvenile Court Services Fund
Status: in_force

(a) In addition to all other costs and charges in circuit and district court cases in Autauga County, a fee of ten dollars ($10) shall be charged and collected by the clerk of the court. When collected by the clerk of the court, the additional fee shall be remitted monthly to the Juvenile Court Services Fund.

(b) In addition to any other costs and charges now provided by law, a monthly supervision fee may be assessed in juvenile court cases at the discretion of the juvenile court judge. The supervision fee shall be collected by the juvenile court office and deposited in the Juvenile Court Services Fund.

(c) There is hereby established a Juvenile Court Services Fund for the deposit of the additional court costs levied by this section. The fund shall be maintained in an interest-bearing account in a bank of known responsibility under the supervision of the Juvenile Court Judge of Autauga County, expended solely for juvenile programs, equipment, and subsistence for the juvenile court staff in the county to aid the functions of the juvenile court and benefit of the children of Autauga County. Any funds expended shall be authorized by the Juvenile Court Judge of Autauga County.
Ala. Code § 45-3-171.08 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-171.08
Section 45-3-171.08 Hearings on Weeds
Status: in_force

Within the time specified in the notice, but not more than 14 days from the date the notice is given, any person, firm, or corporation, may file a written request for a hearing before the governing body of the city, together with objections to the finding by the city governing body that the weeds constitute a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the city governing body until a determination thereon is made by the city governing body. The hearing shall be held not less than five nor more than 30 days after the request. In the event that no hearing is timely requested, the mayor of the city governing body shall order the weeds to be abated as hereinafter provided.
Ala. Code § 45-32-150.10 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-150.10
Section 45-32-150.10 Production of Documents, Etc.; Removal of Certain Licensee Employees; Recordkeeping; Inspections; Witnesses
Status: in_force

The commission is empowered to compel the production of any and all books, memoranda, or documents showing the receipts and disbursements of any person, association, or corporation licensed to conduct race meetings under this part. The commission may at any time require the removal of any employee or official employed by any licensee hereunder whenever it has reason to believe that such employee or official is guilty of any improper practice in connection with racing, has failed to comply with any condition of the license, or has violated any rule adopted by the commission. The commission shall have the power to require that the books and financial or other statements of any licensee be kept in a manner and method provided by the commission; and the commission shall be authorized to visit, investigate, and place auditors and inspectors in the offices, tracks, or place of business of any person, association, or corporation licensed under this part. The commission shall have power to summon witnesses before its meetings; to administer oaths to such witnesses, and to require testimony on any issue before it. Any person failing to appear before the commission, or failing to produce books, records, and documents ordered, or refusing to testify thereon, shall be deemed guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment not to exceed six months, or by both fine and imprisonment in the discretion of the court.
Ala. Code § 45-49A-30 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-30
Section 45-49A-30 Distribution of Additional State Sales Tax Revenues on Alcoholic Beverages
Status: in_force

The city governing body shall distribute all tax revenues received by the City of Citronelle, Mobile County, pursuant to Article 10, commencing with Section 28-3-280, Chapter 3, Title 28, to the Citronelle Historical Society for its operation and management.
Ala. Code § 45-45-82.20 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-82.20
Section 45-45-82.20 Establishment and Maintenance
Status: in_force

The governing body of Madison County by resolution thereof shall have the power to establish and maintain a county law library in the Madison County courthouse for the use and benefit of the county and state officials, court system, and the public; and shall have the power to appropriate and set aside for the establishment and maintenance of the library, such space and funds as it shall deem necessary and appropriate. All resolutions setting up the county law library in Madison County shall be filed in the Probate Office of Madison County and with the Administrative Director of Courts.
Ala. Code § 45-35-232.31 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.31
Section 45-35-232.31 Forfeiture of Cash or Security
Status: in_force

All forfeitures of cash or other security deposited with the clerk of any court, and all deposits otherwise retained pursuant to this subpart, shall be paid over to the Houston County Work Release and Pretrial Release Fund to be used to implement this subpart.
Ala. Code § 45-3A-51.04 — Alabama Code / Title 45 / Chapter 3A / Section 45-3A-51.04
Section 45-3A-51.04 Returns; Computation, Deduction, and Transmission of Tax
Status: in_force

On or before 30 days after the end of the tax year, each person, firm, or corporation liable for the payment of a privilege tax as levied by this part shall make a return showing the gross proceeds of business done and compute the amount of tax chargeable against him or her, or it in accordance with this part and deduct the amount of monthly payments as hereinbefore provided, if any have been made, and transmit with this report a remittance in the form required by this part covering the residue of the tax chargeable against him or her, to the city, and such report shall be verified by oath.
Ala. Code § 45-30-250.15 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-250.15
Section 45-30-250.15 Validity of Incorporation
Status: in_force

In all cases in which there is an attempt to incorporate a public corporation under this article, but the attempted incorporation is invalid because of some irregularity in the procedure followed, the attempted incorporation is validated ab initio, notwithstanding any irregularity in the procedure for incorporation of the corporation, including, but not limited to:

(1) The failure of the judge of probate in whose office the certificate of incorporation was filed to examine the certificate or to enter an appropriate order with respect to the certificate.

(2) The inclusion in the certificate of any matter not authorized to be included therein or contrary to the statutory requirements with respect to the corporation.
Ala. Code § 45-25-250 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-250
Section 45-25-250 Definitions
Status: in_force

When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(1) AUTHORITY. The DeKalb County Water Authority, a public corporation organized pursuant to this article.

(2) BOARD. The Board of Directors of the DeKalb County Water Authority.

(3) BONDS. Bonds, notes, and certificates representing an obligation to pay money.

(4) COUNTY. DeKalb County.

(5) DIRECTOR. A member of the Board of Directors of the DeKalb County Water Authority.

(6) GARBAGE PICK-UP AND DISPOSAL. All services involved in the pick-up and disposal of garbage from residents, businesses, and factories.

(7) SEWER SERVICE. The construction, operation, and maintenance of sewer disposal facilities and lines in areas of the county not served by any other public sewer facility.

(8) INCORPORATORS. The persons forming a public corporation organized pursuant to this article.

(9) MUNICIPALITY. An incorporated city or town of DeKalb County.

(10) NEW TERRITORY. Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water, garbage, or sewer service.

(11) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county or an agency, department, or instrumentality of the state or of a county or municipality.

(12) PROPERTY. Real and personal property and interests therein.

(13) PUBLIC WATER SYSTEM. A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of anyone or more thereof or in which anyone or more thereof or any agency or instrumentality of anyone or more thereof holds a reversionary or remainder interest.

(14) SERVICE AREA. The geographic area or areas in which the authority is authorized by its certificate of incorporation or any amendment thereto to render water, sewer, or garbage service shall be any area within the county in which such service is not provided by another public authority.

(15) STATE. The State of Alabama.

(16) WATER SERVICE. The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system.

(17) WATER SYSTEM. Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including but not limited to water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service.
Ala. Code § 45-56-240 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-240
Section 45-56-240 Combining Offices of Tax Assessor and Tax Collector into Office of County Revenue Commissioner
Status: in_force

(a) A referendum shall be held in Randolph County on the question of combining the offices of tax assessor and tax collector into a new office of county revenue commissioner and abolishing the offices of tax assessor and tax collector. The referendum shall be held at a referendum election in Randolph County as provided by this section.

(b) Upon the passage of this section and approval by a majority of the qualified electors, there shall be a county revenue commissioner in Randolph County commencing October 1, 1991, or, if a vacancy occurs in either the tax assessor’s office or the tax collector’s office prior to that date, then the revenue commissioner’s office shall be created upon the vacancy. A commissioner shall be elected at a special election called for that purpose in Randolph County and at the general election every six years thereafter. The election shall be held and conducted as nearly as may be in the same way as elections on amendments to the constitution and elections for other county officers. The commissioner shall serve for a term of six years beginning on the first day of October 1991, and until his or her successor is elected and has qualified. Candidates for county revenue commissioner shall qualify in the same manner as candidates for countywide office and as required by law. Until October 1, 1991, the tax assessor and tax collector shall serve in their respective capacities as provided by law.

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

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

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

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

(g) The county revenue commissioner shall collect and pay into the general fund of the county all fees, percentages, commissions, and other allowances which the tax assessor or the tax collector of the county are now or hereafter may be by law authorized and directed to charge or collect for the performance of any duty hereby imposed on the county revenue commissioner. The Legislature shall set the salary of the commissioner by local law for the performance of the duties of the office.

(h) It is the purpose of this section to promote the public convenience in Randolph County by consolidating the offices of tax assessor and tax collector into one office.
Ala. Code § 45-54-242.02 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.02
Section 45-54-242.02 Applicability of State Statutes; Exemptions
Status: in_force

The taxes levied by this subpart shall be subject to all definitions, exemptions, proceedings, rules, regulations, requirements, fines, penalties, punishments, and deductions as are provided in Act 100, approved August 18, 1959, effective October 1, 1959, the state sales tax law, and Article 11, Chapter 20, Title 51, Code of Alabama 1940, as amended and all acts supplementary thereto, except where inapplicable or where herein otherwise provided, all of which are adopted and made a part hereof by reference, including the provisions for the enforcement and collection thereof. The tax levied herein shall be added to the sales price of property sold, and shall be collected from the purchaser, so that the impact of the tax will be on the consumer rather than on the retailer.

(1) Exempted from this subpart are the gross proceeds of the sale of machines in Pickens County used in mining, compounding, processing, and manufacturing of tangible personal property; provided, that the term machines, as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of the machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of the machines and are customarily so used.

(2) No excise tax may be imposed upon the storage, use, or other consumption in Pickens County on any machine used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property; provided that the term machines, as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of the machine attachments and replacements therefor, which are made or manufactured for use on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. (3) The gross proceeds of sales of laboratory materials sold to licensed dentists and optometrists, when the materials are used in rendering professional service, and the storage, use, or consumption of the materials, shall also be exempted from the taxes levied or imposed under this subpart.

(3) The gross proceeds of sales of laboratory materials sold to licensed dentists and optometrists, when the materials are used in rendering professional service, and the storage, use, or consumption of the materials, shall also be exempted from the taxes levied or imposed under this subpart.
Ala. Code § 45-51-243.03 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-243.03
Section 45-51-243.03 Exemptions
Status: in_force

The rental tax authorized by this part does not apply to the following transactions:

(1) The leasing or rental of a film or films by a lessee who charges, or proposes to charge, admission for viewing the film or films.

(2) The use of docks or docking facilities furnished for boats or other craft operated on waterways.

(3) Any charge paid by a tenant to a landlord with respect to the leasing or furnishing of tangible personal property to be used on the premises of real property leased by the same landlord to the same tenant for use as a residence or dwelling place, including a mobile home.

(4) The leasing or rental of tangible personal property to a lessee who acquires possession of the property for the purpose of leasing or renting to another the same property under a leasing or rental transaction subject to this part.

(5) Any charge paid by a tenant to a landlord with respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration.

(6) The leasing or rental of tangible personal property which the county or the state is prohibited from taxing under the Constitution or laws of the United States or under the constitution of the state.

(7) The leasing or rental of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research.

(8) A transaction whereunder the lessor leases a truck or tractor-trailer or semi-trailer for operation over the public roads and highways and the lessor furnishes a driver or drivers for the vehicle shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of this part.

(9) The leasing or rental of vehicles in interchange between regulated motor carriers on a per diem basis.

(10) The leasing or rental of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution, and the leasing or rental of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(11) The leasing or rental of tangible personal property when the lessor and lessee, including a sublessee, are wholly owned subsidiary corporations of the same parent corporation or one is the wholly owned subsidiary of the other; provided, that the appropriate sales or use tax, if any was due, has been paid on such item of personal property; and provided further, that in the event of any subsequent subleasing of such tangible personal property to any person other than any such sister, parent, or subsidiary corporation, any tax due and payable with respect to the subsequent subleasing under this part is paid.

(12) The leasing or rental of vessels or railroad equipment engaged in interstate or foreign commerce, or both.

(13) The leasing or rental of aircraft, replacement parts, components, systems, sundries, and supplies affixed or used on the aircraft and all ground support equipment and vehicles used by or for the aircraft to or by a certificated or licensed air carrier with a hub operation within this state, for use in conducting intrastate, interstate, or foreign commerce for transporting people or property by air. For the purpose of this subdivision, the phrase “hub operation within this state” shall be construed to have all of the following criteria:

a. There originates from the location 15 or more flight departures and five or more different first-stop destinations five days per week for six or more months during the calendar year.

b. Passengers or property, or both, are regularly exchanged at the location between flights of the same or a different certificated or licensed air carrier.

(14) The leasing or rental of any other tangible personal property that would be exempted or excluded from the computation of the state rental tax.

(15) The leasing or rental of rental passenger vehicles and rental trucks.
Ala. Code § 45-47-242.21 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-242.21
Section 45-47-242.21 Assessment and Collection of Motor Vehicle Taxes, Fees, Etc.; Issuance of Plates; Compensation
Status: in_force

(a) The judge of probate is relieved of all duties and responsibilities relating to the assessment and collection of taxes, commissions, and issuance fees on motor vehicles. The revenue commissioner shall receive the commissions and fees currently allocated to the judge of probate for performing these functions, and those fees and commissions shall be remitted to the county general fund. Reporting and remitting the collections of those fees shall be made by the revenue commissioner or as otherwise required by law.

(b) The Revenue Commissioner of Marion County shall perform all duties relating to the issuance of motor vehicle license plates in the county and shall perform all duties relating to the assessment and collection of ad valorem taxes, commissions, fees, or other charges imposed by law on motor vehicles, which have heretofore been performed jointly by the revenue commissioner and the judge of probate.
Ala. Code § 45-24-82.24 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82.24
Section 45-24-82.24 Relation to Other Laws
Status: in_force

All provisions of the laws of Alabama with respect to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving system installed hereunder, including, without limitation, the provisions of Section 12-13-43, and the provisions of all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exemption, certificates of judgment, or plats or maps showing subdivisions of real estate that are not inconsistent with this subpart shall continue in effect with respect to an improved recording, archiving, and retrieving system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.
Ala. Code § 45-1A-42 — Alabama Code / Title 45 / Chapter 1A / Section 45-1A-42
Section 45-1A-42 Police Jurisdiction in Prattville and Millbrook
Status: in_force

(a) Except as provided in subsection (b), the police jurisdiction of the City of Prattville outside of the corporate limits of the city shall not include any territory in Elmore County; nor shall the City of Prattville exercise police powers or taxing powers outside of the corporate limits in the police jurisdiction of the City of Prattville in any territory in Elmore County or over or on any person or property or business, trade, or profession outside of the corporate limits of the City of Prattville in Elmore County; nor shall the City of Prattville levy, fix, or collect any license or fee of any kind outside of the corporate limits in the police jurisdiction of the City of Prattville in any territory in Elmore County; nor shall any ordinance of the City of Prattville enforcing police or sanitation regulations or prescribing fines or penalties for violations thereof have any force or effect outside of the corporate limits in the police jurisdiction of the City of Prattville in any territory in Elmore County.

(b) This section shall have no force or effect on lands in Elmore County West of the East right-of-way of Interstate 65 in Elmore County.
Ala. Code § 45-33A-20 — Alabama Code / Title 45 / Chapter 33A / Section 45-33A-20
Section 45-33A-20 Sale of Draft or Keg Beer or Malt Beverages
Status: in_force

(a) The City Council of Moundville, by ordinance, may permit the sale, within the corporate limits of the City of Moundville and by retail licensees of the Alabama Alcoholic Beverage Control Board, of draft or keg beer or malt beverages for on-premises consumption.

(b) The City Council of Moundville, by ordinance, may permit the sale, within the corporate limits of the City of Moundville and by retail licensees of the Alabama Alcoholic Beverage Control Board, of draft or keg beer or malt beverages for off-premises consumption if those beverages are sold in kegs or in packaged form at retail for off-premises consumption and are sealed, labeled, packaged, sold, and taxed in accordance with state and federal laws and regulations.
Ala. Code § 45-45-83.40 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-83.40
Section 45-45-83.40 Establishment
Status: in_force

(a) The District Attorney of the Twenty-third Judicial Circuit of Alabama, in his or her discretion, may establish a Pretrial Intervention Program (PTIP).

(b) The District Attorney of the Twenty-third Judicial Circuit shall retain all discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Twenty-third Judicial Circuit.

(c) The PTIP shall be under the direct supervision and control of the District Attorney of the Twenty-third Judicial Circuit and he or she may contract with any agency, person, or corporations or individual for services related to this subpart or for any law enforcement purpose. The district attorney, in his or her discretion, may employ necessary persons to accomplish this subpart or other law enforcement purposes, who shall serve at the pleasure of the district attorney.
Ala. Code § 45-49-22.30 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-22.30
Section 45-49-22.30 Authorization
Status: in_force

(a) In addition to any other authority for the sale of alcoholic beverages on Sunday, the governing body of any municipality within Mobile County, or the Mobile County Commission for the unincorporated areas of the county, may authorize the sale of alcoholic beverages for on-premises consumption on Sunday commencing at 10 o’clock a.m.

(b) The provisions of this section are supplemental and shall not be construed to repeal any other law except to the extent of any direct conflict with this section.
Ala. Code § 45-32-110 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-110
Section 45-32-110 Compensation
Status: in_force

In addition to any compensation heretofore provided by law for the members of the board of registrars in Greene County, each member of such board shall be entitled to a fifteen dollar ($15) per meeting day increase in such compensation with such increase to be paid in the usual manner from the county general fund.
Ala. Code § 45-8A-22.11 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.11
Section 45-8A-22.11 Vacancies Filled from Eligible Register
Status: in_force

Whenever a vacancy exists in the police or fire department, it shall be filled by appointment of one of the five persons who rank highest on the appropriate eligible register of the board or by transfer within the service of the city from another position of the same class. Whenever a vacancy exists in the police or fire department that requires a promotion from within the police or fire department, it shall be filled by appointment of one of the three persons who rank highest on the appropriate eligible promotion register of the board. The ranking layoff of the same class shall be appointed in every instance. When the eligible list submitted by the board to the appointing authority contains less than five persons, the appointing authority may appoint from the list, but shall not be required to appoint from the list. In the event the appointing authority declines to appoint from an eligible list containing less than five persons, the appointing authority may request the board to abolish the eligible list. Whenever it is impossible for the board to certify eligible persons to a vacancy in the police or fire department, the board may authorize the appointing authority to fill the vacancy temporarily pending the establishment of an eligible register. The authorization shall not be given for longer than 120 days, and no such employees shall have status under this subpart. All appointments, other than temporary appointments, to the police and fire departments shall be probationary for one year from the date of appointment. A probationary subordinate employee of the police department and fire department may be discharged by his or her appointing authority for unsatisfactory service at any time before the expiration of the probationary period. if the action is approved by the board. A probationary civil service department head employee may be discharged or demoted similarly by his or her appointing authority upon approval by the board. After the expiration of the probationary period, an appointment of a civil service employee shall become permanent.
Ala. Code § 45-18-240 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-240
Section 45-18-240 Compensation
Status: in_force

In Conecuh County, the members of the board of equalization shall be entitled to receive additional compensation of ten dollars ($10) per day to be paid out of the general fund of the county treasury. This amount shall be in addition to any and all other amounts provided for by law and shall be paid only for those days when the board is authorized to meet and conduct business.
Ala. Code § 45-16-81.01 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-81.01
Section 45-16-81.01 Collection and Use of Additional Fee; Worthless Check Fee
Status: in_force

(a) In the Twelfth Judicial Circuit the fee authorized by Section 12-17-224 to be collected by the special services division of the district attorney’s office shall be fifty dollars ($50). This fee shall be distributed by the division as follows: The amount collected by both counties of the circuit each month shall be totaled and 30 percent of the total shall be divided equally between the counties and shall be used for judicial compensation, prosecutor compensation, or other law enforcement purposes; 70 percent of the total shall be retained by the district attorney and may be used for law enforcement purposes and any other expenses of the district attorney’s office as determined by the district attorney.

(b) In the Twelfth Judicial Circuit the special services division of the district attorney’s office is authorized to collect up to ten dollars ($10) for each worthless check the division accepts by the person who wrote or negotiated the check and the fee shall be paid to the person who received the worthless check.
Ala. Code § 45-41-231 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-231
Section 45-41-231 Receipt of Badge, Pistol, Etc. Upon Retirement
Status: in_force

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

(b) Any person employed as a commissioned deputy of the Sheriff’s Office of Lee County for a period of 10 years or more who upon retirement leaves the office in good standing shall receive from the office, without cost to him or her, a retired badge, a retired commission card, and his or her service pistol.
Ala. Code § 45-52-234.26 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-234.26
Section 45-52-234.26 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.
Ala. Code § 45-11-231.06 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-231.06
Section 45-11-231.06 County Commission to Furnish Supplies, Personnel, Storage Facilities, Etc
Status: in_force

The Chilton County Commission shall provide the board with materials and secretarial help when needed during meetings and shall assign an area from time to time for the board meetings. It shall also provide filing cabinets and storage space for the board and shall pay all expenses incurred by the board from the general fund of the county, when a claim therefor is submitted and approved by the Chilton County Commission.
Ala. Code § 45-50-245 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-245
Section 45-50-245 Definitions
Status: in_force

(a) The following words, terms, and phrases as used in this subpart shall have the following respective meanings except where the context clearly indicates a different meaning:

(1) COMMISSIONER. The Commissioner of Revenue of the state.

(2) COUNTY. Monroe County in the State of Alabama.

(3) FISCAL YEAR. The period commencing on October 1 of each calendar year and ending on September 30 of the next succeeding calendar year.

(4) MONTH. A calendar month.

(5) QUARTERLY PERIOD. The period of three months ending on the last day of each March, June, September, and December.

(6) REGISTERED SELLER. The person registered with the State Department of Revenue pursuant to the state use tax statutes or licenses under the state sales tax statutes.

(7) STATE. The State of Alabama.

(8) STATE DEPARTMENT OF REVENUE. The State Department of Revenue.

(9) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes.

(10) STATE SALES TAX STATUTES. Division 1, commencing with Section 40-23-1, of Article 1 of Chapter 23 of Title 40, as amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein.

(11) STATE USE TAX. The tax or taxes imposed by the state use tax statutes.

(12) STATE USE TAX STATUTES. Article 2, commencing with Section 40-23-60, of Chapter 23 of Title 40, as amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(b) Except where another meaning is clearly indicated by the context, all definitions set forth in the state sales tax statutes and the state use tax statutes shall be effective as definitions of the words, terms, and phrases used in this subpart. All words, terms, and phrases used herein, other than those hereinabove specifically defined, shall have the respective meanings ascribed to them in the state sales tax statutes and the state use tax statutes and shall have the same scope and effect that the same words, terms, and phrases have where used in the state sales tax statutes and the state use tax statutes.
Ala. Code § 45-19-141.05 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-141.05
Section 45-19-141.05 Fire Protection Fee - Use of Proceeds
Status: in_force

Proceeds from the fire protection fee may be used at the discretion of the individual department for fire protection, fire prevention, and emergency medical services to include, but not be limited to, fire or emergency medical equipment, fire or emergency medical supplies, training, buildings, capital improvements, insurance, dues, and professional services. The proceeds shall not be used for salaries, entertainment, or fund-raising purposes. Any proceeds from the fire protection fee that are unexpended or not appropriated at the end of the fiscal year shall remain in the individual department’s treasury for appropriation and use during any fiscal year thereafter. After receiving the proceeds, the departments shall keep accurate records to verify that the funds are properly used. In January of each year that proceeds were received in the prior year, each department shall submit a financial report to the association detailing the expenditures of proceeds from the fire protection fee for the prior year. Forms for this report shall be provided by the association and shall be in compliance with requirements of the Department of Examiners of Public Accounts. The association shall provide the same financial report on all proceeds from the fire protection fee that it has expended in the prior year. The association shall provide these records to the Department of Examiners of Public Accounts and the commission. The reports shall be a public record.
Ala. Code § 45-38-243.06 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-243.06
Section 45-38-243.06 Construction and Application
Status: in_force

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

(b) This part shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of such counties which are actually resold or reshipped.
Ala. Code § 45-23-20 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-20
Section 45-23-20 Sales
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-252 EFFECTIVE MARCH 16, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 45-5-111 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-111
Section 45-5-111 Appointment of Clerks; Rules and Regulations
Status: in_force

(a) The Probate Judge of Blount County shall appoint one or more regular clerks in the probate office as deputy registrars empowered to take applications, testimony, and oaths of applicants for voting registration at any time the probate office is open to the public for business. Such application shall then be submitted to the board of registrars at their next meeting and the board shall notify the applicants in writing of their action on the application.

(b) The board of registrars is hereby authorized and empowered to promulgate such rules and regulations necessary to carry out the provisions of this section.
Ala. Code § 45-46-84.20 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-84.20
Section 45-46-84.20 License Division Created
Status: in_force

There is hereby created within the judge of probate’s office of Marengo County a license division which shall issue all licenses heretofore or hereafter ordered to be issued through the judge of probate’s office, except marriage licenses. The county commission shall furnish suitable quarters and provide the necessary forms, books, stationery, records, equipment, and supplies, except such stationery, forms, and supplies as are furnished pursuant to law by the State of Alabama or any other governmental agency. The county commission shall provide the necessary employees to staff the license division of the probate office. The county commission shall set the number of employees for efficient operation of the license division and shall set the salary for each position. The judge of probate shall have total authority to interview, select, and employ each person hired in the license division after the number and salary level has been set by the county commission. The compensation of all employees in the license division shall be paid monthly out of the general fund of the county in the same manner as other county employees are paid.
Ala. Code § 45-43-70 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-70
Section 45-43-70 Appropriations from County Treasury
Status: in_force

(a) Commencing with the fiscal year beginning October 1, 2010, the Lowndes County Commission may appropriate annually, out of the monies in the county treasury not otherwise appropriated, an amount not exceeding ten thousand dollars ($10,000) into a fund to be known as the contingent fund, which may be expended for any county purposes not otherwise provided by law which in the judgment of the Lowndes County Commission are in the best interest of the county. Any sums remaining unexpended in the contingent fund at the end of the fiscal year shall not revert to the county treasury, but the amount of unexpended funds shall be appropriated for the next succeeding year along with any funds which may be appropriated for that succeeding year provided the amount appropriated or expended in any fiscal year shall not exceed ten thousand dollars ($10,000).

(b) The Lowndes County Commission may establish procedures for the expenditure of the contingent fund.
Ala. Code § 45-39-85.41 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-85.41
Section 45-39-85.41 Recording Fees
Status: in_force

(a) In addition to all other fees now provided by law, the Judge of Probate of Lauderdale County shall collect the following recording fees:

(1) Five dollars ($5) for each lot of a subdivision platted, but not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for recording a subdivision plat regardless of the number of lots platted.

(2) An amount not to exceed ten dollars ($10), as determined by the county commission by ordinance or resolution, for each real property instrument and each personal property instrument recorded in the office of the judge of probate.

(b) The fees collected pursuant to this section by the Judge of Probate of Lauderdale County shall be deposited in the county general fund.
Ala. Code § 45-46-70.14 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-70.14
Section 45-46-70.14 Vacancies
Status: in_force

In case of a vacancy in the board of revenue, it shall be filled by appointment by the Governor, and the person so appointed shall hold office for the remainder of the term of the member of the board of revenue in whose place he or she is appointed.
Ala. Code § 45-53-72 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-72
Section 45-53-72 Chief Clerk and Additional Clerks
Status: in_force

(a) The County Commission of Perry County shall provide for a chief clerk and not more than two additional clerks to assist the county commission in the performance of its duties. The county commission shall select the chief clerk and not more than two additional clerks and set the compensation of the chief clerk and each additional clerk.

(b) The compensation of the chief clerk and each additional clerk shall be paid from the General Fund of Perry County in the same manner as the compensation of other county employees is paid, or as otherwise provided by law.
Ala. Code § 45-51A-32.29 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.29
Section 45-51A-32.29 Annual Report
Status: in_force

The Board of Trustees of the Montgomery Firefighters Pension Fund shall make an annual report to the members of the condition of the Montgomery Firefighters Pension Fund.
Ala. Code § 45-39-92.41 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-92.41
Section 45-39-92.41 Imposition of Tax
Status: in_force

The Lauderdale County Commission is hereby authorized to impose excise taxes in an amount not to exceed two cents ($.02) per gallon on persons selling, distributing, storing, or withdrawing from storage for any purpose whatever, gasoline and motor fuel within such counties and to require every distributor, retail dealer, or storer of gasoline or motor fuel as herein defined to pay excise taxes upon the selling, distributing, or withdrawing from storage for any use, gasoline and motor fuel as herein defined in such counties; provided that excise taxes levied pursuant to this subpart shall not be levied upon the sale of gasoline or motor fuel in interstate commerce, and provided further that if the excise tax imposed under this subpart upon the sale of such gasoline or motor fuel shall have been paid by a distributor or by retail dealer or storer, such payment shall be sufficient, the intention being that the taxes shall not be paid but once. The excise taxes imposed pursuant to this subpart shall apply to persons, firms, corporations, dealers, or distributors storing gasoline or motor fuel and distributing the same or allowing the same to be withdrawn from storage, whether such withdrawal be for sale or other use, provided that sellers of gasoline or motor fuel and its substitutes paying the taxes herein provided may pay the same computed and paid on the basis of their sales as hereinafter required, and storers and distributors shall compute and pay such taxes on the basis of their withdrawals or distributions. The taxes herein provided for shall be in addition to any and all excise or other taxes imposed on gasoline or motor fuel or any device or substitute therefor, or on the business of selling, distributing, storing, or withdrawing from storage for any purpose, gasoline or motor fuel as herein defined; however, there shall not be levied any tax upon any gasoline or motor fuel as herein defined when used in essential governmental functions by the State of Alabama or any agency thereof, county governing agencies, municipalities, any other entity as determined by the county governing body to be exempted under existing state statutes, or boards of education. Provided, further, any user exempt from the state gasoline or motor fuel tax is hereby exempt from the tax levied pursuant to this subpart.
Ala. Code § 45-12-240.21 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-240.21
Section 45-12-240.21 Reimbursement; Duties of Revenue Commissioner; Retrieval, Voiding of License for Use of Worthless Instrument
Status: in_force

(a) The Choctaw County Commission shall reimburse the office of revenue commissioner from the general fund in the amount of any monetary loss, not to exceed a total of four thousand five hundred dollars ($4,500) per annum arising or caused without the personal knowledge of the officer, including loss arising from acceptance of worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent.

(b) It shall be the duty of the revenue commissioner to insure that the employees of his or her office exercise due care in performing their required duties and make a diligent effort to correct the error, mistake, or omission. The revenue commissioner shall make a good faith effort to collect the amount subject to potential loss immediately upon becoming aware of the potential loss.

(c) This section shall not apply to any deliberate misuse or misappropriation of funds by the revenue commissioner or by any clerk or employee of his or her office.

(d) In cases where worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent given for a license to the revenue commissioner is found to be noncollectible for any reason, the revenue commissioner shall make a reasonable attempt to retrieve the license in question. In the event that the license cannot be retrieved, the revenue commissioner shall so state and that statement shall constitute authorization to void any license in question. Once the license has been voided, the revenue commissioner, if applicable, shall receive credit for the cost of the license, taxes, and all other fees from the appropriate agencies. If applicable, the appropriate state office shall mark the records pertaining to the license void and, upon inquiry by law enforcement agencies, shall notify the agencies that the party in question is operating under a void license. All violations will be prosecuted in accordance with current law.
Ala. Code § 45-32-242.01 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-242.01
Section 45-32-242.01 Levy of Tax for Certain Purposes
Status: in_force

(a) In Greene County, in addition to any and all other taxes heretofore levied, the county commission is hereby authorized to levy and impose an additional ad valorem tax in the amount of 25 mills on each dollar of taxable property:

(1) Thirty-four percent of the tax shall be earmarked to the county general fund to be used for general county purposes.

(2) Forty percent of the tax shall be distributed to the county board of education.

(3) Twenty percent of the tax shall be distributed to the municipalities and shall be divided among all municipalities based on the population of each municipality.

(4) Four percent shall be distributed and divided among the volunteer fire departments.

(5) Two percent shall be distributed to the county library board for a period of 10 years and then to revert to the county general fund.

(b) The additional ad valorem tax imposed by this section shall be collected at the same time and in the same manner as existing ad valorem taxes are collected.
Ala. Code § 45-10-201.07 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-201.07
Section 45-10-201.07 Compensation
Status: reserved

Repealed by Act 2006-382, §1, effective April 14, 2006.
Ala. Code § 45-43-240.24 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-240.24
Section 45-43-240.24 Payment of Tax Required for Issuance of License
Status: in_force

To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for the assessment and collection of taxes due, the tax assessor shall not issue any license to operate a motor vehicle on the public highways of this state, nor shall any transfer of a motor vehicle be made by the tax assessor until the tax assessor is provided satisfactory evidence that the ad valorem tax on the vehicle for the preceding year has been paid. No motor vehicle which is owned by a resident of the county or by a business located in the county, or which is otherwise located in the county for licensing purposes, may be operated on the public highways of Alabama unless the motor vehicle has been returned to the tax assessor for ad valorem tax purposes. The tax assessor shall issue a certificate of assessment on a form prescribed by the State Department of Revenue, collect the taxes shown, and make a duplicate of the tax receipt and keep it on file in the office of the tax assessor. The license tag is evidence of the payment of the license and ad valorem tax due as provided under this subpart.
Ala. Code § 45-22-241 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-241
Section 45-22-241 Administration and Collection of Taxes
Status: in_force

In Cullman County, all taxes levied on gasoline or motor fuels, including taxes levied pursuant to Act No. 56, H. 325, 1943 Regular Session, and Act No. 410, H. 160, 1978 Regular Session, shall be administered and collected by the State Revenue Department in accordance with Chapter 17 of Title 40.
Ala. Code § 45-49-245.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-245.01
Section 45-49-245.01 Monthly Payment for Stamps; Return of Unsold Magazines; Invoices
Status: in_force

(a) Each wholesaler that sells magazines that come within the meaning of this section shall pay to the Tax Collector of Mobile County on a monthly basis fifty cents ($0.50) for each stamp affixed to a magazine. A wholesaler shall verify their monthly sales by providing the Tax Collector of Mobile County with a copy of their invoice for each magazine that comes within the meaning of this section. Each wholesaler shall pay the required fee to the Tax Collector of Mobile County within 21 days of the receipt of the invoice. Where a publisher reimburses a wholesaler for unsold copies of magazines that come within the meaning of this section, the wholesaler shall be allowed credit towards their required payment of fee by providing the Tax Collector of Mobile County with an invoice or other appropriate proof of reimbursement by the publisher. Provided, however, that each wholesaler prior to returning any unsold copies to the publisher shall take care that the stamp affixed to its cover has been destroyed or defaced so that the stamp is no longer useable or valid.

(b) Where retailers purchase magazines directly from the publisher, they shall also pay to the Tax Collector of Mobile County fifty cents ($0.50) for each magazine that comes within the meaning of this section, shall also provide copies of invoices, and shall pay the fee within 21 days of the receipt of the invoice.
Ala. Code § 45-51-243.06 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-243.06
Section 45-51-243.06 Taxes Constitute Debt; Employment of Special Counsel
Status: in_force

The rental tax shall constitute a debt due the county and may be collected in a civil suit, in addition to all other methods provided by law and in this part. The tax, together with any interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. All the provisions of the revenue laws of the state which apply to the enforcement of liens for privilege, license, or excise taxes due the state shall apply fully to the collection of the rental tax. The county commission, the State Department of Revenue, or private collection agency, as determined by the county commission, shall collect the tax and enforce this part, and the county commission or any private collection agency collecting the tax shall have and exercise all rights and remedies that the State Department of Revenue would have if the rental tax were being administered, enforced, and collected by the State Department of Revenue. The county commission, the State Department of Revenue, or private collection agency, as applicable, may employ special counsel as it deems necessary from time to time to enforce the collection of the rental tax and otherwise to enforce this part, including the institution, prosecution, and defense of any litigation involving this part. The county commission, the State Department of Revenue, or private collection agency shall pay the special counsel such fees as it deems necessary and proper from the proceeds of the rental tax.
Ala. Code § 45-55-171.20 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-171.20
Section 45-55-171.20 Definitions
Status: in_force

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

(1) D ESIGNATED LAW ENFORCEMENT AGENCY . A law enforcement agency within Pike County that is authorized by the sheriff to exercise the authority described in this subpart.

(2) L AW ENFORCEMENT OFFICER . Any state, county, or municipal officer certified by the Alabama Peace Officers’ Standards and Training Commis sion.

(3) R EGIONAL MENTAL HEALTH PROVIDER . An organization created pursuant to Chapter 51, Title 22.
Ala. Code § 45-20-90 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-90
Section 45-20-90 Covington County Industrial Development Authority
Status: in_force

(a) There is created the Covington County Industrial Development Authority. The authority is created for the purpose and has the responsibility of aiding and assisting current industries and coordinating efforts of all municipal and county agencies of Covington County, as well as aiding organizations in the development of new industries which shall provide job opportunities for the citizens of Covington County, Alabama.

(b)(l) The authority shall be governed by a board of directors consisting of seven members. Two of the members shall be appointed by the Chair of the Covington County Commission. Two of the members shall be appointed by the Mayor of the City of Andalusia. Two members shall be appointed by the Mayor of the City of Opp, and one member shall be appointed by the Mayor of the City of Florala. Subsequently, vacancies on the board shall be appointed by the same appointing authority who made the initial appointment.

(2) Within 30 days following September 26, 1985, the appointing authorities shall submit in writing the name and address of the members of the board of directors to the judge of probate and such appointments shall be filed and maintained in the office of the judge of probate. At the organizational meeting of the members of the board of directors of the authority, members shall elect from among themselves a president, vice president, secretary, and treasurer. Each shall serve for a period of one year or until a successor is elected to serve. Neither shall be bonded, except the treasurer, who shall obtain bond as an official. Terms of office for all members shall be for three years.

(3) Ex officio members of the board of directors shall consist of the Mayors of the Cities of Andalusia, Opp, and Florala; Chair of the Covington County Commission; and the members of the Covington County Legislative Delegation. Any additional ex officio members shall be governed by the bylaws. The ex officio members shall act in advisory capacity and shall not have the right to vote as members of the board of directors.

(c)(1) The authority shall have the power to employ a qualified executive director who shall have the responsibility of carrying forth policies and directives of the board of directors. The executive director shall serve at the pleasure of the board. The board of directors shall set the salary and shall provide necessary office space and clerical help.

(2) The authority shall have the power to solicit and receive contributions from other government entities, corporations, partnerships, or individuals. For this purpose, the authority shall also be known as the Covington Industrial Development Authority. The authority shall submit to audits by the Examiners of Public Accounts.
Ala. Code § 45-48A-62 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-62
Section 45-48A-62 Increase to Tax for Public School Purposes
Status: in_force

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

(1) AMENDMENT 56. Amendment 56 to the Constitution of Alabama 1901, now appearing as Section 216.04 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(2) AMENDMENT 373. Amendment 373 to the Constitution of Alabama of 1901, now appearing as Section 217 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(3) CITY. The City of Guntersville.

(4) CITY SPECIAL SCHOOL AD VALOREM TAX. The tax authorized pursuant to the applicable provisions of the general laws of this state and pursuant to Amendment 56 and Amendment 373 levied by the city for public school purposes, or for capital outlay or debt service for public schools, and without express limit as to time.

(b) The city presently levies and collects the city special school ad valorem tax for public school purposes. Pursuant to a resolution adopted by the City Council of the City of Guntersville after a public hearing in accordance with Amendment 373, the City of Guntersville proposes to increase the rate at which it may levy and collect the city special school ad valorem tax by an additional amount up to nine mills on each dollar ($0.90 on each one hundred dollars) of assessed value, with the proposed increase in the city special school ad valorem tax to be used exclusively for capital outlay or debt service for public schools.

(c) Pursuant to subsection (f) of Amendment 373 and a resolution adopted by the City Council of the City of Guntersville after a public hearing, the city may increase the rate at which the city levies and collects the city special school ad valorem tax by up to nine mills on each dollar ($0.90 on each one hundred dollars) of assessed value, the increase to be used and expended exclusively for capital outlay or debt service for public schools.

(d) The increase in the rate at which the city special school ad valorem tax may be levied and collected pursuant to this section is subject to approval by a majority of the qualified electors residing in the city who vote on the proposed increase at a special election called and held for that purpose pursuant to subsection (f) of Amendment 373.

(e) The increase in the city special school ad valorem tax authorized pursuant to this section may be made effective and due and payable beginning on the October 1 next following the levy of the increase by the city after the approval of the increase by the qualified electors of the city in the special election held for that purpose.
Ala. Code § 45-2-81.74 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-81.74
Section 45-2-81.74 Manner of Enforcement
Status: in_force

After notification, as provided in Section 45-2-81.73, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments including any of the following: (1) A petition for revocation of probation; (2) a show cause petition for contempt of court; (3) any other civil or criminal proceedings which may be authorized by law or by rule of court. In addition, the district attorney may issue appropriate notices to inform the defendant of the noncompliance of the defendant and a warning of the penalty for noncompliance.
Ala. Code § 45-57A-61.01 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-61.01
Section 45-57A-61.01 Member Election
Status: in_force

A member shall reside in the district which the member was elected to represent 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.
Ala. Code § 45-24-90 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-90
Section 45-24-90 Selma and Dallas County Economic Development Authority
Status: in_force

(a) In Dallas County, there is created the Selma and Dallas County Economic Development Authority. The authority is created for the purpose and has the responsibility of aiding and assisting current industries and coordinating efforts of all municipal and county agencies of Dallas County, Alabama, as well as aiding organizations in the development of new industries which will provide job opportunities for the citizens of the City of Selma and Dallas County, Alabama.

(b)(l) The authority shall be governed by a board of directors consisting of five members. Three of the five members shall be appointed by the Mayor of the City of Selma and the Judge of Probate of Dallas County. One member shall be appointed by the Craig Field Airport and Industrial Authority and one member shall be appointed by the Selma and Dallas County Chamber of Commerce. There shall be racial minority representation on the board. Subsequently, vacancies on the board shall be appointed by the same appointing authority that made the initial appointment.

(2) Within 30 days following April 30, 1985, the appointing authorities shall submit in writing the name and address of the members of the board of directors to the judge of probate and such appointments shall be filed and maintained in the office of the judge of probate. At the organizational meeting of the members of the board of directors of the authority, members shall elect from among themselves a president, vice president, secretary, and treasurer. Each shall serve for a period of one year, or until a successor is elected to serve. None shall be bonded, except the treasurer, who shall obtain bond as an official. Terms of office for all members, shall be for three years.

(3) Ex officio members of the board of directors shall consist of the Mayor of the City of Selma, the Judge of Probate of Dallas County, all the members of the Selma City Council, all the members of the Dallas County Commission, all the members of the Dallas County Legislative Delegation, the President of the Selma and Dallas County Chamber of Commerce, the Chair of the Selma and Dallas County Black Leadership Council, and the Director of the Craig Field Airport and Industrial Authority. Any additional ex officio members shall be governed by the by-laws. The ex officio members shall act in advisory capacity and shall not have the right to vote as members of the board of directors.

(c)(l) The authority shall have the power to employ a qualified executive director who shall have the responsibility of carrying forth policies and directives of the board of directors. The executive director shall serve at the pleasure of the board. The board of directors shall set his or her salary and shall provide necessary office space and clerical help.

(2) The authority shall have the power to solicit and receive contributions from other government entities, corporations, partnerships, or individuals. For this purpose, the authority shall also be known as the Alabama Development Authority. The authority shall submit to audits by the Examiners of Public Accounts.
Ala. Code § 45-37-123.194 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.194
Section 45-37-123.194 Prohibition Against Diversion of Funds
Status: in_force

(a) Except as provided below and otherwise specifically required by law, it shall be impossible by operation of the plan or of the trust agreement, by termination of either, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement, or by any other means, for any part of the corpus or income of any trust fund maintained pursuant to the plan or any funds contributed thereto to be used for, or diverted to, purposes other than the exclusive benefit of members, former members, or their designated beneficiaries; and no funds of the system, whether in cash, securities, or otherwise, nor any income or yield thereof, shall be subject to or exacted on account of, any tax; and no retirement or disability allowance or right to return of contributions, or other benefits payable as set forth in the plan, shall be assignable or be subject to execution, levy, attachment, garnishment, or other legal process. Accordingly, the plan shall not recognize any domestic relations order attempting to provide a member’s benefits, or any portion thereof, to an alternate payee.

(b) In the event that the county shall make an excessive contribution under a mistake of fact, the pension board, or its agent, may demand repayment of the excessive contribution, and the trustees shall return the amount, adjusted for any income or loss in value so long as the amount is returned within one year of the date of the mistaken contribution. Notwithstanding the immediately preceding sentence, any return shall be limited to an amount that, in the judgment of the pension board, would not cause the system to become actuarially unsound.

(c) In the event that the plan makes an overpayment to a member , designated beneficiary , or other beneficiary for any reason, such as, miscalculation of a pension benefit or payment prior to the time that the member , designated beneficiary , or other beneficiary was entitled to payment, the pension board may elect to offset future pension benefits until the overpayment has been recouped by the trust fund to the extent allowed by law .

(d) Subject to applicable law, a member’s or designated beneficiary’s benefit may be offset for obligations to the county, the pension board, or the trust fund.
Ala. Code § 45-17-220 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-220
Section 45-17-220 Lagrange Historical Site
Status: in_force

(a) The LaGrange Historical Site in Colbert County, owned by the Alabama Historical Commission, is transferred to the LaGrange Living Historical Association, a nonprofit corporation, which shall have full authority to develop, renovate, preserve, maintain, operate, exhibit, and publicize the LaGrange Historical Site in accordance with the powers and responsibilities of the association. The Executive Director of the Alabama Historical Commission shall cause an appropriate deed or conveyance to be executed in accordance with the provisions of this section.

(b) The Alabama Historical Commission shall continue to assist the LaGrange Living Historical Association in the preservation and maintenance of the LaGrange Historical Site. Any funds appropriated to the Alabama Historical Commission for the preservation and maintenance of the LaGrange Historical Site, including any unencumbered and unexpended funds for the current fiscal year, shall continue to be appropriated to the Alabama Historical Commission for the preservation and maintenance of the LaGrange Historical Site by the LaGrange Living Historical Association.
Ala. Code § 45-37-162 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-162
Section 45-37-162 Applicability
Status: in_force

This part shall apply to both of the following:

(1) Any debt issued by Jefferson County if the amount of the debt to be issued in a single transaction, or in a series of related transactions, exceeds five million dollars ($5,000,000).

(2) Any swap agreement entered into by Jefferson County.
Ala. Code § 45-8A-23.059 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.059
Section 45-8A-23.059 Council Not to Interfere in Appointments or Removals
Status: in_force

Neither the council nor any of its members shall direct or request the appointment of any person to, or his or her removal from, office by the city manager or by any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Any councilman violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilman.
Ala. Code § 45-37A-51.227 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.227
Section 45-37A-51.227 Determination of Disability
Status: in_force

(a) In order for disability allowances to be awarded under Section 45-37A-51.225 or Section 45-37A-51.226, the board shall first have satisfactory proof thereof by certification of such disability of the participant applying for disability allowance, the certification being made by a licensed and practicing physician or surgeon. Additionally, the board shall have the power to require further certifications of such disability by other practicing physicians and surgeons and shall have the power to require such additional proof of total disability as in its judgment it may deem necessary.

(b) During the continuation of disability, the board may from time to time require further certification of disability by one or more licensed and practicing physicians or surgeons selected by the board and may require such additional proof of the continuation of the disability as it deems appropriate.

(c) Should a former participant who has been awarded a disability allowance under Section 45-37A-51.225 or Section 45-37A-51.226 resume his or her active duty as an employee of the city, it shall be conclusive evidence of the termination of such total disability for the purpose of the system, and any subsequent cessation of his or her active duty on account of disability, whether by reason of the same or a different cause, shall be treated as a new disability. However, should a participant who shall have been awarded an extraordinary disability allowance under Section 45-37A-51.226 or is a claimant or prospective claimant therefor resume his or her active duty as an employee for a period not exceeding a total of 180 days last ending no later than 12 months following the date of the accident which gave rise to the disability for which he or she was awarded an extraordinary disability allowance, such resumption of active duty as an employee of the city shall not be deemed to be conclusive evidence of termination of such disability. Any provisions hereof to the contrary notwithstanding, no extraordinary disability allowance shall be allowed unless granted within 12 months after the accident resulting in such disability. The board, in its sole discretion, may choose to waive this one-year limitation and grant an application for extraordinary disability allowance if granted within 60 months after the application for benefits from incident resulting in such disability.

(d) In no event shall disability allowances as provided under Section 45-37A-51.225 or Section 45-37A-51.226 be payable with respect to any period of time during which the recipient of such allowances shall be actively employed by the city, shall be due or shall have been paid any salary from or by the city.
Ala. Code § 45-23-83.01 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-83.01
Section 45-23-83.01 Definitions
Status: in_force

The following words and phrases, including the plural of any thereof, whenever used in this part, shall have the following respective meanings:

(1) “General Property Instrument” means a real property instrument that affects the title to personal property as well as real property.

(2) “Improved Recording System” means 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, will consist of the equipment necessary and suitable to record, archive, and retrieve records.

(3) “Personal Property Instrument” means 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) “Real Property Instrument” means and 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 judgment, and plats or maps showing subdivisions of real estate.
Ala. Code § 45-16-82.21 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.21
Section 45-16-82.21 Definitions
Status: in_force

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

(1) DISTRICT ATTORNEY. The District Attorney of the Twelfth Judicial Circuit, State of Alabama, or any of his or her staff.

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

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

(4) SERIOUS PHYSICAL INJURY. As that term is defined in Section 13A-1-2(14).
Ala. Code § 45-39-40.11 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-40.11
Section 45-39-40.11 Exemption from Examination
Status: in_force

Any person who can establish after April 4, 1988, that he or she is a barber or an apprentice and can establish reasonable proof that he or she is practicing barbering in a barbershop or school of barbering under sanitary conditions shall be given a certificate or license to practice under this article without any examination upon paying the required fees as prescribed by Section 45-39-40.12.
Ala. Code § 45-2A-61 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-61
Section 45-2A-61 Utilities Board
Status: in_force

As used in this part the words “utilities board” shall mean the Utilities Board of the City of Foley in Baldwin County, a corporation organized and existing under the authority of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324.
Ala. Code § 45-57A-63.220 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.220
Section 45-57A-63.220 Certain Population Requirements for Council-Manager Form of Government
Status: in_force

The council in the municipality shall have five members with two elected at-large by all of the voters of the municipality and three elected from districts by voters within each district, the council elected in the manner prescribed in Section 45–57A–63.06. The regular municipal elections in the municipality shall be held on the first Tuesday in September 2001, and each three years thereafter, and when necessary, a second or runoff election shall be held on the third Tuesday next thereafter following the regular election. Each council member shall hold office for three years, but shall serve until his or her successor shall have qualified. Beginning in 2004, the regular municipal elections in the municipality shall be held on the first Tuesday in September 2004, and each four years thereafter, and when necessary, a second or runoff election shall be held on the third Tuesday next thereafter following the regular election. Each council member shall hold office for four years beginning with the election of 2004, but shall serve until his or her successor shall have qualified. A council member may succeed himself or herself in office. Each of the three district council members shall reside within the limits of his or her district during the term of his or her office and if any district council member shall remove from within the limits of his or her district for 60 consecutive days his or her office shall become vacant.
Ala. Code § 45-52-150.03 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-150.03
Section 45-52-150.03 Bingo Games - Permit Requirements
Status: in_force

(a) Each bingo permit shall contain the name and address of the permit holder, the location at which the permit holder is permitted to conduct bingo, and the day or days of the week on which the permit holder is permitted to conduct bingo.

(b) The bingo permit holder shall display the permit conspicuously at the location where bingo is being conducted at all times during the conduct of the games.
Ala. Code § 45-14-160 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-160
Section 45-14-160 Liability for Monetary Loss
Status: in_force

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

(b) It shall be the duty of the judge of probate or the revenue commissioner to insure that the employees of the respective offices exercise due care in performing their required duties and make a diligent effort to correct the error, mistake, or omission. The respective officers shall make a good faith effort to collect the amount subject to potential loss immediately upon becoming aware of the potential loss.

(c) This section shall not apply to any deliberate misuse or misappropriation of funds by the judge of probate or the revenue commissioner, or by any clerk, or any employee of the respective officials.
Ala. Code § 45-18-243.06 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-243.06
Section 45-18-243.06 Applicability of Parallel State Provisions
Status: in_force

All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules and regulations with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this part shall apply to the tax levied under this part. The State Commissioner of Revenue and the department shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this part that are imposed on the commissioner and department by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this part to the tax levied under this part, and to the administration and enforcement of this part, are incorporated by reference and made a part of this part as if fully set forth herein.
Ala. Code § 45-25-71.01 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-71.01
Section 45-25-71.01 Staggered Terms
Status: in_force

After June 18, 2003, members of the DeKalb County Commission shall continue to be elected as provided by law and shall hold office for four years, except the term of office for members representing District 1 and District 2 shall have the current term of office extended for two years, making the current term of office six years in order to provide for staggered terms of the commission. After the extension of the current term of office of District 1 and District 2, all members shall hold office for four years.
Ala. Code § 45-37-140.07 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-140.07
Section 45-37-140.07 Payment of Election Expenses
Status: in_force

(a) Where an election is held on the question of the establishment of a district, the governing body of the county shall pay for the necessary expense of advertising and conducting such election out of the general funds of the county. If the district is established, the district shall reimburse the county for the expenses incurred by the county in respect to the election.

(b) After a district has been established, the district shall pay the expense of any election held in the district or held in any area which it is proposed be added to the district.
Ala. Code § 45-36A-20 — Alabama Code / Title 45 / Chapter 36A / Section 45-36A-20
Section 45-36A-20 Regulation of Alcoholic Beverage Sales on Sunday
Status: in_force

The city council or other governing body of the City of Bridgeport in Jackson County, by resolution adopted by a majority of the council, may regulate and permit the sale of alcoholic beverages during certain hours on Sunday as determined by the city council by properly licensed retail licensees of the Alcoholic Beverage Control Board and the City of Bridgeport serving the general public in the city.