Ala. Code § 45-14-90.02 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-90.02
Section 45-14-90.02 Emerald Triangle Commission - Rules and Regulations; Meetings
Status: reserved

Repealed by Act 2009-388, p. 712, §1, effective May 5, 2009.
Ala. Code § 45-8A-22.07 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.07
Section 45-8A-22.07 Minutes; Records
Status: in_force

The board shall keep minutes of its meetings and a record of all business transacted by it. Its records, except those the rules of the board require to be held confidential for reasons of public policy, shall be open for inspection by any resident of the city at all reasonable times.
Ala. Code § 45-25-83.02 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-83.02
Section 45-25-83.02 Indexing System; Special Indexing Fee
Status: in_force

(a) This section shall only apply in DeKalb County. The purpose of this section is to facilitate the use of public records in property transactions in DeKalb County by providing for the installation of an improved system of indexing of instruments and documents affecting the title to real and personal property that are recorded in the office of judge of probate and for the indexing of other instruments, documents, and other uses at the discretion of the judge of probate.

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

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

(2) IMPROVED INDEXING SYSTEM. A system of indexing real property instruments and personal property instruments in the probate office and, at the discretion of the judge of probate, of indexing other instruments and documents, which system when completed, shall consist of the equipment necessary and suitable to prepare and index records.

(3) PERSONAL PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter titled for record in the probate office, in accordance with the application requirements of the law of this state, including particularly Section 35-4-50 and Section 35-4-90.

(4) REAL PROPERTY INSTRUMENT. Includes any instrument or document affecting title to real property that may now or hereafter be filed for record in the probate office pursuant to the application requirements of the law of this state including, but without limitation to, Section 12-13-43 and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing subdivisions of real estate.

(c) The judge of probate may provide for the installation and thereafter for the maintenance of an improved indexing system in the probate office of the county. The initial installation of the improved indexing system shall include the following:

(1) The acquisition of the equipment provided for in the definition hereinabove set forth of an indexing system.

(2) The establishment of procedures for the continued indexing and filing of all instruments and records that, after the effective installation date, constitute any part of the improved indexing system.

(d) The initial installation under subsection (c) shall be supervised and inspected by a person who is experienced in handling records pertaining to abstracts and title. Following its installation in the county, the improved indexing system shall be thereafter maintained in the county and all real property instruments, general property instruments, personal property instruments, and other documents and records herein provided to constitute a part of the system, that may be thereafter filed for record in the probate office of the county, shall be in accordance with the improved indexing system. Each real property instrument and each personal property instrument shall be operated as a record from the time of its delivery to the judge of probate of the county, in accordance with existing law.

(e) All provisions of the law of Alabama with the respect to the recording of real property instruments, personal property instruments, and other instruments and records that may constitute part of any improved indexing system installed hereunder including, but without limitation, Section 12-13-43 and all statutes respecting the filing and recording of notes or statements of liens of any kind, notices of lis pendens, declarations of claims or exemptions, certificates of judgments, or plats of maps showing subdivisions of real estate that are not inconsistent with this section shall continue in effect with respect to the improved indexing system, the recording of instruments therein, and the duties of the judge of probate with respect thereto.

(f) Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the cost of installing, operating, and maintaining any improved system installed pursuant to this section.

(g) On May 13, 2009, this section becomes applicable to DeKalb County and a special indexing fee of four dollars ($4) shall be paid to the county and collected by its judge of probate with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate and for the recording of other instruments and documents in the probate office at the discretion of the judge of probate. On and after May 13, 2009, no such instrument shall be received for record in the office of the judge of probate unless the special indexing fee of four dollars ($4) is paid thereon. The special indexing fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any real property instrument or personal property instrument and documents in the probate office in the discretion of the judge of probate. The special indexing fee collected by the judge of probate and paid to the county shall be deposited by the judge of probate to any bank in DeKalb County and spent by the judge of probate, at his or her discretion, for the improvement of the office of the judge of probate in DeKalb County. The fees collected under this section shall be controlled by the sole discretion of the judge of probate and shall be audited by the Department of Examiners of Public Accounts.
Ala. Code § 45-42-160 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-160
Section 45-42-160 Participation in Acreage Protection Program
Status: reserved

(a) The County Commission of Limestone County is authorized, when the need exists, to provide protection for the forestlands and other acreage protected by the Alabama Forestry Commission in Limestone County by participating in the Alabama Forestry Commission’s acreage protection program in the manner hereinafter specified.

(b)(1) After the Limestone County Commission has determined that such a need does exist in Limestone County, the county commission may, in the manner hereinafter specified, provide for a financial charge to be paid by the owners of forestlands and other acreage protected by the Alabama Forestry Commission in Limestone County for the use of the land for timber growing purposes and the protected acreage therein, amounting to the whole or any part of the cost of such forest protection program, but not in excess of ten cents ($.10) per acre, provided such financial charge is not greater than the benefit accruing to such forestlands and other protected acreage due to availability of such protection.

(2) Forestlands, as used in this section, shall mean any land which supports a forest growth, or which is being used or reserved for such purpose, or lands being protected by the Alabama Forestry Commission. Forestlands, as used in this section, shall not include any lands primarily used for residential purposes nor shall it include any publicly owned lands.

(3) The financial charge fixed as provided in subdivision (2) shall be payable at the same time and in the same manner as county taxes and the owners of the forestlands and other protected acreage as herein defined, shall make report of the same to the Tax Assessor of Limestone County, Alabama, at the time fixed by law for making return of the property of such property owned. Financial charges levied shall constitute a lien on the property against which they are charged in case of default in the payment of such financial charge.

(c) The county governing body of Limestone County is authorized, if needed, to appoint agents and delegate authority to individuals to search out forestlands and other protected acreage in Limestone County to determine the area and owners thereof and report the same to the Tax Assessor of Limestone County who shall be authorized, after notice to such owners, to place the financial charge against the forestland and other protected acreage as may be determined by the report of such agents or the determination of the county governing body. It shall be the responsibility of the Tax Assessor of Limestone County to establish such rules and regulations as are necessary to administer this section.

(d) The financial charge herein imposed shall be due and payable to the Tax Collector of Limestone County, and shall, when collected, be paid to the Treasurer of Limestone County. All monies collected in accordance with this section shall be spent in participating in the Alabama Forestry Commission’s acreage protection program in Limestone County.

(e) The County Commission of Limestone County is authorized to remove such financial charge after the county commission has determined that the financial charge is no longer needed. The county commission shall hold public hearings to determine whether or not the financial charge is still needed.
Ala. Code § 45-42-170.43 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-170.43
Section 45-42-170.43 Limitations on Rock Quarries - Distance from Browns Ferry Nuclear Plant
Status: in_force

In Limestone County, after May 11, 2009, no new rock quarry may be established nor may any existing rock quarry be relocated outside the corporate limits of any municipality within 10 miles of Browns Ferry Nuclear Plant.
Ala. Code § 45-2-20.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-20.01
Section 45-2-20.01 Definitions
Status: in_force

The following words, terms, and phrases shall have the following meanings:

(1) PERSON. Any natural person, firm, association, joint venture, partnership, corporation, or any other entity.

(2) LICENSED ESTABLISHMENT. Any business operating pursuant to a license issued by the Alabama Alcoholic Beverage Control Board within an unincorporated area of Baldwin County, Alabama, which sells, serves, or dispenses alcoholic beverages or otherwise allows the consumption of alcoholic beverages on the premises.
Ala. Code § 45-42-170.20 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-170.20
Section 45-42-170.20 Solid Waste Landfill Location and Operation
Status: in_force

(a) In addition to any other provision of law or any rule or regulation by the state or federal government or local government in Limestone County, and specifically Chapter 27, Title 22, as amended, relating to the regulation, operation, or location of any privately-owned or controlled regional landfill for solid waste, the Limestone County Commission shall provide for a referendum on the question of the location, acceptance, or operation of such privately owned or controlled regional landfill for solid waste after the public hearing thereon. The referendum shall be held within 20 days but not less than 10 days after such public hearing. Such referendum shall be held pursuant to the general laws of the state calling for local elections except where there is a direct conflict herewith.

(b) If a majority of the qualified electorate voting on the proposed acceptance, operation, or location of a privately-owned or controlled regional landfill for solid waste disposal approve such proposition, the Limestone County Commission shall assent thereto; if a majority of the qualified electorate voting thereon disapprove of such proposition, then in that event the Limestone County Commission shall not consent to nor contract for the proposed operation, acceptance, and location in Limestone County. Such question shall not be placed before the qualified electorate more than once in any 24 successive-month period.

(c) The provisions of this section are cumulative to any laws or parts of laws or any rule or regulation by any state, federal, or local government regulating or relating to solid waste management, disposal, and location thereof and privately-owned or controlled regional landfills except to the extent there is a direct conflict herewith in which event this section shall supersede.
Ala. Code § 45-55-71.02 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-71.02
Section 45-55-71.02 Incumbent Commissioners; Successors
Status: in_force

The present incumbent county commissioners, who were elected at the general election in 1984 pursuant to an order of the United States District Court for the Middle District of Alabama, shall remain in office until their successors are elected in the general election in 1988, which election shall be held under the district plan established in this part.
Ala. Code § 45-43-247.06 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-247.06
Section 45-43-247.06 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 § 45-37A-511 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-511
Section 45-37A-511
Status: in_force

Notwithstanding any other provision of law, the City Council of Vestavia Hills, by ordinance, may establish up to five total entertainment districts within the city permitting consumption of alcoholic beverages purchased from on-premises alcoholic beverage retail licensees to be consumed by purchasers anywhere within the entertainment districts. The term “on-premises” as applied to consumption of alcoholic beverages in each entertainment district shall include anywhere within the district.
Ala. Code § 45-49A-64.03 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-64.03
Section 45-49A-64.03 Filing of Application; Authorization of Incorporation
Status: in_force

(a) A public corporation may be organized pursuant to this part in any municipality having a population of not less than 175,000 nor more than 250,000 according to the last or any subsequent federal decennial census. In order to incorporate such a public corporation, any number of natural persons, not less than three, shall first file a written application with the governing body of the municipality which application shall do all of the following:

(1) Contain a statement that the authority proposes to render public transportation service in such county.

(2) State the proposed location of the principal office of the authority, which shall be within the municipality where such application is filed.

(3) State that each of the applicants is a duly qualified elector of the municipality where such application is filed

(4) Request that such governing body adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-49A-64.04.

(b) Such applications shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with them in accordance with this section, the governing body of the municipality with which the application was filed shall review the contents of the application and shall adopt resolutions either denying the application or declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-49A-64.04. Each governing body with which an application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of such governing body at which final action upon the application is taken.
Ala. Code § 45-1-240 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-240
Section 45-1-240 Expense Allowance
Status: in_force

The chairman and members of the County Board of Equalization of Autauga County shall each be entitled up to twenty-five dollars ($25) a day for expenses for each day the board is in session as provided by law, the exact amount to be established by the county commission. The expense allowances herein provided for shall be payable from the general fund of Autauga County upon presentation of claims therefor.
Ala. Code § 45-48-70.57 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.57
Section 45-48-70.57 Chief Clerk
Status: in_force

(a) The chair of the commission may employ a chief clerk who shall devote his or her entire time to the duties of the office and who shall receive such salary as the former chief clerk of the commission received until the same is changed or modified according to law. The chief clerk shall be subject to the direct control and supervision of the chair of the commission and may be discharged under the following conditions:

(1) The chief clerk may be discharged by a vote of four of the district commissioners.

(2) The chief clerk may be discharged at any time by the chair who hired the chief clerk during the tenure of that chair in office as chair.

(3) The chief clerk may be discharged by a chair other than the chair who hired the chief clerk by a vote of two of the district commissioners in addition to the chair.

(b) The chief clerk shall perform and shall carry out such functions and perform such duties as the chair may from time to time direct. The chief clerk shall at all times be available to all members of the commission to assist them in the performance of their duties on the commission. The chief clerk shall make available to all members of the commission any information desired by a member of the commission in carrying out the duties of his or her office.
Ala. Code § 45-57A-63.126 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.126
Section 45-57A-63.126 Transfers of Appropriations
Status: in_force

The city manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, board, or agency, subject to paragraphs a. to c., inclusive, of subdivision (2) of Section 45–57A–63.61. At the request of the city manager and within the last three months of the budget year, the council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department, board, or agency, subject to paragraphs a. to c., inclusive, of subdivision (2) of Section 45–57A–63.61. No transfer shall be made from the appropriations fixed by law or required by subdivisions (1) to (9), inclusive, of Section 45–57A–63.103.
Ala. Code § 45-42-163 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-163
Section 45-42-163 Distribution of Payments
Status: in_force

Upon receipt by Limestone County of funds pursuant to Chapter 28, Title 40, as amended, Limestone County, within a reasonable time thereafter, shall distribute the funds so received as follows:

(1) Effective through September 30, 2006, all funds shall be distributed as prescribed by Act 86-550, 1986 Regular Session (Acts 1986, p. 1124).

(2) Effective October 1, 2007, and thereafter, the funds shall be distributed as follows:

a. Before the percentage formula of distribution contained in paragraph b. is applied, the sum of two hundred ninety-three thousand dollars ($293,000) shall be distributed in the following manner:

1. Forty thousand dollars ($40,000) to Auburn University to be used exclusively for the benefit of the Limestone County Cooperative Extension Service.

2. Seven thousand five hundred dollars ($7,500) to the Limestone County Soil and Water Conservation District.

3. Thirty-seven thousand five hundred dollars ($37,500) to the Limestone County Economic Development Association, Inc.

4. Thirty-five thousand dollars ($35,000) to the Athens-Limestone Public Library.

5. Five thousand dollars ($5,000) to the Houston Memorial Library.

6. Twelve thousand dollars ($12,000) to the Veteran’s Museum and Archives.

7. Twelve thousand dollars ($12,000) to each of the 13 volunteer fire departments in the county in existence on January 1, 2006. If a volunteer fire department is decertified as of January 1, 2018, or later, the proceeds provided by this subparagraph to the decertified volunteer fire department shall be distributed equally to the remaining volunteer fire departments.

b.1. After the allocations as set forth in paragraph a. have been completed, the remainder of all funds received by Limestone County pursuant to Chapter 28, Title 40, as amended, shall be distributed as follows:

(i) Limestone County General Fund, 25 percent.

(ii) Limestone County Public Building Fund, 10 percent.

(iii) Special Hospital Tax Fund, five percent.

(iv) Countywide School Fund, 23.5 percent.

(v) Limestone County Board of Education, nine percent.

(vi) Athens City Board of Education, six percent.

(vii) City of Athens, 20 percent.

(viii) City of Ardmore, one percent.

(ix) City of Elkmont, .38 percent.

(x) City of Mooresville, .06 percent.

(xi) City of Lester, .06 percent.

2. For fiscal year 2013, the amount distributed in this paragraph to the Limestone County Board of Education and the Athens City Board of Education is to be distributed as follows:

(i) Limestone County Board of Education, 10 percent.

(ii) Athens City Board of Education, five percent.

3. For fiscal year 2014 and thereafter, the amount distributed in this paragraph to the school districts is to be distributed as follows: Athens City Board of Education, four percent.

4. Beginning in fiscal year 2015, the amount distributed in this paragraph to the Limestone County Board of Education and the Athens City Board of Education shall be determined annually by the county commission based on the average daily membership of the Limestone County Board of Education and the Athens City Board of Education.

c.1. Effective with the fiscal year beginning October 1, 2007, the three percent increase in the in-lieu-of-taxes payments generated by Act 2006-655, 2006 Regular Session (Acts 2006, p. 1793), to counties served by the Tennessee Valley Authority shall be distributed separate and apart from the distribution in paragraphs a. and b. and shall be distributed first to the following entities in the following amounts:

(i) Limestone County Economic Development Association, Inc., fifteen thousand dollars ($15,000).

(ii) Athens-Limestone Public Library, fifty thousand dollars ($50,000).

(iii) Calhoun Community College, twenty-five thousand dollars ($25,000) to be expended solely for the benefit of the Limestone County campus.

(iv) Spirit of Athens, five thousand dollars ($5,000).

(v) Greater Athens Chamber of Commerce, five thousand dollars ($5,000).

(vi) Athens-Limestone County Rescue Squad, twelve thousand dollars ($12,000).

(vii) Athens State University, fifty thousand dollars ($50,000) to be expended solely for the benefit of the Limestone County campus.

(viii) Limestone County Family Resource Center, twenty-five thousand dollars ($25,000).

(ix) Limestone County Recycling Center, five thousand dollars ($5,000).

(x) Limestone County Economic Development Partners, Inc., one hundred thousand dollars ($100,000) to be expended solely to promote economic development, employment, and growth of jobs within all areas of Limestone County and the City of Athens.

2. Any remaining amounts shall be distributed in equal amounts to the City of Athens and the Limestone County Commission for the express purpose of paying for the debts and expenses related to the Elm Industrial Park. After the retirement of any debts and expenses related to the Elm Industrial Park, any remaining amounts shall be distributed in equal amounts to the City of Athens and the Limestone County Commission for economic development purposes.

d. Effective after April 24, 2012, any increase in the in-lieu-of-taxes payments generated by Act 2010-135, 2010 Regular Session (Acts 2010, p. 190), including any amounts not appropriated under Act 2010-549, 2010 Regular Session (Acts 2010, p. 975), to counties served by the Tennessee Valley Authority shall be distributed separate and apart from the distribution in paragraphs a., b., and c. and shall be set aside by the county commission in a separate fund to be used to establish, equip, and maintain a legislative office for members of the state Legislature serving the county. All decisions concerning the Limestone County Legislative Office, including, but not limited to, revenue, income, purchases, and grants shall be made by resolutions of the delegation adopted by a concurrent majority of the Limestone County delegation, Senators and House of Representatives members, each house voting separately. Such resolution may provide an operational procedure for the delegation office. The commission shall immediately pay such amounts from such fund as the Limestone County Legislative Delegation may request. Such requests shall be in the form of a resolution passed by the county legislative delegation, signed by one Senator and one member of the House of Representatives from the county who shall be duly appointed by the legislative delegation. This legislative delegation shall expend such monies to employ staff, acquire adequate physical office space, equipment, supplies, services, and all other necessary items and may also expend the monies for other purposes, including grants for allowable public purposes at the discretion and direction of the legislative delegation. The persons employed and expenditures of the funds by the legislative delegation shall be in its discretion. Any funds allocated but not spent at the end of the fiscal year shall not be applied for any other purpose, but shall be carried forward and shall remain available year to year for expenditure. The revenue and expenditures of the legislative office shall be audited on an annual basis.
Ala. Code § 45-36-232.28 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-232.28
Section 45-36-232.28 Release Pending Trial; Conditions; Order; Notice
Status: in_force

(a) Any person in Jackson County charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or her personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of his or her discretion, that such a release will not reasonably assure the appearance of the person as required. When such a determination is made, the judicial officer, either in lieu of or in addition to the above methods of release, shall impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or, if no single condition gives that assurance, any combination of the following conditions:

(1) Place the person in the custody of a designated person agreeing to supervise him or her.

(2) Place restrictions on the travel, association, or place of abode of the person during the period of release.

(3) Require the execution of an appearance bond in specified amount and the deposit with the clerk of the court, in cash or other security as directed, of a sum not to exceed 10 percent of the amount of the bond, 80 percent of such deposit to be returned upon the performance of the conditions of release.

(4) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof.

(5) Impose any additional condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

(b) In determining which conditions of release will reasonably assure the appearance of a person as required, the judicial officer, on the basis of available information as presented by the state or its representative, or the defendant, shall take into account such matters as the nature and circumstances of the offense charged, the weight of the evidence against the person, his or her family ties, employment, financial resources, character and mental condition, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings. The judicial officer, in making such factual determinations, shall bear in mind that this subpart has two purposes, one of which is to assure the presence of the defendant at trial and the other of which is to assure that all persons, regardless of their financial or social status, shall not needlessly be detained pending their appearance to answer charges, or pending appeal, when detention serves neither the ends of justice nor the public interest.

(c) A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such persons of the penalties applicable to violations of the conditions of his or her release and shall advise him or her that a warrant for his or her arrest will be issued immediately upon any such violation, and shall warn such person of the penalties provided in Section 45-36-232.23.

(d) A judicial officer ordering the release of a person on any condition specified in this section may at any time amend his or her order to impose additional or different conditions of release.

(e) If it is determined that custody or detention pursuant to subdivision (5) of subsection (a) of Section 45-36-232.22 is required, all time spent in custody or detention shall count as part of any sentence to hard labor for the county or confinement in the county jail subsequently received by the person detained as a result of the charge or charges for which he or she was arrested and detained.

(f) The judicial officer shall determine the conditions of release as herein provided when the defendant is brought before him or her for preliminary examination or at such other times as the judicial officer may direct.

(g) Any other provisions hereof to the contrary notwithstanding, no warrant magistrate or assistant warrant magistrate shall have the authority to order that any person be released hereunder where that person is accused of a capital crime or of a crime where the defendant, if convicted, could receive a sentence of more than 10 years in prison.

(h) The Sheriff of Jackson County shall cause to be prominently posted in the area of the Jackson County jail where accused persons are usually booked, a sign in large letters which shall state as follows:

NOTICE: YOU MAY BE ELIGIBLE FOR RELEASE WITHOUT POSTING A BAIL BOND. INQUIRE OF THE JAILER AS TO HOW TO APPLY FOR SUCH RELEASE.

(i) All sums collected under this section shall be paid into the Jackson County Work Release and Pretrial Release Fund established pursuant to Section 45-36-232.23.
Ala. Code § 45-45-121.05 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-121.05
Section 45-45-121.05 Suspension Without Pay
Status: in_force

Any employee covered by this part shall be subject to suspension without pay by the appointing authority without right of appeal pursuant to this part, provided any unpaid suspension may not exceed a total of 15 working days. Any unpaid suspension exceeding 15 working days shall be subject to a right of appeal by the employee pursuant to Section 45-45-121.06.
Ala. Code § 45-35-236 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-236
Section 45-35-236 Contracting of Police Services by Municipality
Status: in_force

(a) Any municipality within Houston County may contract for police services with the sheriff of the county. The contract may include the enforcement by the sheriff and his or her duly commissioned deputies of all laws within the corporate limits and police jurisdiction of the municipality, including municipal ordinances, and the arrest or citation of any offenders as if the sheriff and his or her deputies were duly constituted police officers of the municipality.

(b) A municipality entering into a contract with the sheriff for police services shall pay to the county treasury a sum sufficient to provide the necessary manpower and equipment as mutually agreed upon by the municipal governing body, the sheriff of the county, and the county commission.

(c) The county governing body may receive from the municipality within the county money for police services and may expend funds for police services in the contracting municipality, including the police jurisdiction of the municipality.

(d) Each contract between the sheriff and the contracting municipality shall be with the consent and approval of the sheriff and the county commission.

(e) The sheriff and his or her duly commissioned deputies shall retain the legal and constitutional immunity afforded to each of them by law.
Ala. Code § 45-49A-81.04 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-81.04
Section 45-49A-81.04 Investment of Funds
Status: in_force

All monies properly belonging to the fund shall be kept in a separate account or accounts, and may, in the discretion of the persons charged with the duties of administering the fund, be invested in any securities provided by law to be a suitable investment for trust fund monies pursuant to the laws of this state including, but not limited to, the following:

(1) Bonds, notes, or other obligations of the United States, or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or the dividends thereof.

(2) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state.

(3) Bonds of the counties and municipalities of the state which contain a pledge of full faith and credit of the county or municipality which issues the bonds.

(4) Savings accounts or certificates of deposit at any bank incorporated pursuant to the laws of this state or any national bank organized pursuant to the laws of the United States doing business and situated in the state, to the extent that the savings accounts are insured by the federal government or an agency thereof.

(5) Common or preferred stock and interest bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized pursuant to the laws of the United States or any state or organized territory of the United States, or the District of Colum- bia, provided both of the following guidelines are followed:

a. The corporation is listed at the time of the investment and has been listed for at least 36 months prior to the investment on one or more of the recognized national stock exchanges in the United States.

b. Not more than 75 percent of the assets of the fund is invested by the trustees pursuant to this subdivision.

(6) Notes, insured or guaranteed by the Federal Housing Administration or the Veterans Administration, secured by first liens or deeds to secure debt on real property located in the state.

(7) Interest bearing obligations of the International Bank for Reconstruction and Development or the Inter-American Development Bank.

(8) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. )
Ala. Code § 45-12-82.04 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-82.04
Section 45-12-82.04 Admission into Program
Status: in_force

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

(b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided for by this part.
Ala. Code § 45-41-72 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-72
Section 45-41-72 Authority of Commission; Project Costs
Status: in_force

(a) The Lee County Commission shall have authority to construct or cause to be constructed, design or caused to be designed, contract for and execute or cause to be executed a contract for the construction, repair, maintenance, or improvement of any type of public improvement which enhances the value of property including, but not limited to: Paving, sewerage, sanitation, water, drainage, gas, lighting, and flood prevention, on any land in Lee County which does not lie within the corporate limits of any municipality. Any existing or future public improvement as defined herein under the control or authority of any municipality, whether the improvement is within or outside the corporate limits of the municipality, or any existing or future improvement under the authority or control of any legally constituted public authority, shall be exempt from this subpart.

(b) The cost and expense of any materials and labor used in any project for the construction, repair, maintenance, or improvement of public improvements, after completion of the project, may be assessed by the county commission in fair proportion against the property specially served, benefited, or increased in value by the construction, repair, maintenance, or improvement, not to exceed the increase in value thereof caused by reason of the project. Provided, no project costs may be assessed unless written approval of at least three-fourths of the property owners affected by the project has been obtained by the county commission.
Ala. Code § 45-49-252.09 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-252.09
Section 45-49-252.09 Disposal of Waste
Status: in_force

(a) All solid waste in Mobile County shall be disposed of in accordance with this code and this part. No solid waste shall be disposed of except in approved disposal facilities operated by the county or by persons possessing valid permits and certificates of need issued according to this part. However, solid waste material may be used for construction site fill with the approval of the Mobile County Building Inspector. The approval shall be in writing.

(b) Any producer of hazardous or infectious waste shall possess a permit for handling or managing solid waste issued in accordance with Section 45-49-252.05. This permit shall specify all management techniques to be used in connection with such solid waste. Under no circumstances shall untreated hazardous or infectious wastes be disposed of at disposal facilities not specifically permitted to dispose of such wastes.

(c) Builders, building contractors, and privately employed tree trimmers and tree surgeons shall remove or cause to be removed all trash and debris from the premises upon which they are working, including limbs, tree trunks, roots, concrete slabs, concrete blocks, bricks, building debris, and all materials used by contractors in the course of building or alterations, or both, in accordance with this part for removal or disposal, or both, as specified herein.
Ala. Code § 45-49-112 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-112
Section 45-49-112 Distribution of Campaign Materials Prohibited Within 600 Feet of Polling Place on Election Day
Status: in_force

Any person who distributes, whether by gift or sale, any election campaign literature, pamphlets, buttons, stickers, or other election campaign materials within 600 feet of a polling place on any election day in Mobile County shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Ala. Code § 45-37A-510.02 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-510.02
Section 45-37A-510.02 Ad Valorem Taxation for Public School Purposes
Status: in_force

(a) The following words and phrases have the following meanings:

(1) AMENDMENT 56. Amendment 56 to the Constitution of Alabama of 1901, now appearing as Section 216.04 of the Constitution of Alabama of 2022.

(2) AMENDMENT 325. Amendment 325 to the Constitution of Alabama of 1901, now appearing as Section 217 of the Constitution of Alabama of 2022.

(3) AMENDMENT 373. Amendment 373 to the Constitution of Alabama of 1901, now appearing as Section 217 of the Constitution of Alabama of 2022.

(4) CITY. The City of Vestavia Hills.

(5) CITY COUNCIL. The City Council of the City of Vestavia Hills.

(6) SPECIAL TAX. The special ad valorem tax for public school purposes authorized in Amendment 56 and pursuant to elections held in the city on April 28, 1970; May 8, 1990; and March 11, 2014; and levied and collected on taxable property in the city, being originally levied at the rate of 7.5 mills on each dollar of assessed value and, pursuant to proceedings heretofore taken under Amendment 325 and Amendment 373, presently levied at the rate of 25.6 mills on each dollar of assessed value.

(b) The city presently levies and collects the special tax at a rate of $2.56 on each one hundred dollars ($100) (25.6 mills on each dollar) of assessed value. Pursuant to a resolution adopted by the city council in accordance with Amendment 373, the city proposes to increase by 9.8 mills the rate at which it may levy and collect the special tax to a maximum rate, for any tax year, which is equal to $3.54 on each one hundred dollars ($100) (35.4 mills on each dollar) of assessed value.

(c) Pursuant to subsection (f) of Amendment 373, and a resolution adopted by the city council after a public hearing, the city council may increase the rate at which the city levies and collects the special tax to a maximum rate, for any tax year, which is equal to $3.54 on each one hundred dollars ($100) (35.4 mills on each dollar) of assessed value.

(d) The increase in the rate at which the special 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 city who vote on the proposed increase at a special election called and held for that purpose pursuant to subsection (f) of Amendment 373 .
Ala. Code § 45-45-180.04 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-180.04
Section 45-45-180.04 Limitations Within 12-Month Period
Status: in_force

The Madison County Commission shall not perform work on private property or sell materials to any church, individual, firm, or corporation within any 12-month period in excess of a total amount of one thousand dollars ($1,000).
Ala. Code § 45-55-244.04 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-244.04
Section 45-55-244.04 Tobacco Stamps
Status: in_force

The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40–25–1 to Section 40–25–28, inclusive. The state Department of Revenue shall have the same duties relative to the preparation and sale of stamps to evidence the payment of such tax that it has relative to the preparation and sale of stamps under those sections and may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax hereby levied that it does relative to the collection of that tax.
Ala. Code § 45-45-240 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-240
Section 45-45-240 Salary Supplements
Status: in_force

The county commission of Madison County is hereby authorized to provide county salary supplements for the members of the Madison County Board of Equalization in any amount so long as such supplement shall not make the total compensation of such members any more than fifty dollars ($50) per day plus expenses. Such supplement shall be paid in the usual manner from funds available in the county treasury.
Ala. Code § 45-57-130 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-130
Section 45-57-130 Functions, Duties, Maintenance, and Repair of Public Roads
Status: in_force

(a) All functions, duties, and responsibilities for the construction, maintenance, and repair of public roads, highways, bridges, and ferries in Russell County are vested in the county engineer, who shall, insofar as possible, construct, and maintain such roads, highways, bridges, and ferries on the basis of the county as a whole or as a unit, without regard to district or beat lines.

(b) The county engineer shall assume the following duties, but shall not be limited to those duties:

(1) To employ, supervise, and direct all assistants as are necessary properly to maintain and construct the public roads, highways, bridges, and ferries of Russell County, and he or she may prescribe their duties and discharge those employees for cause, or when not needed.

(2) To perform engineering and surveying service as may be required, and to prepare and maintain the necessary maps and records.

(3) To maintain the necessary accounting records to reflect the cost of the county highway system.

(4) To build or construct new roads, or change old roads, upon the order of the county commission.

(5) Insofar as is feasible to construct and maintain all country roads on the basis of the county as a whole or as a unit.
Ala. Code § 45-40-231 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-231
Section 45-40-231 Clerk
Status: in_force

The Sheriff of Lawrence County is hereby authorized to employ a clerk to perform the clerical duties of the sheriff’s office. Such clerk shall receive a monthly salary of not less then four hundred seventy-five dollars ($475) nor more than eight hundred dollars ($800), the exact amount to be determined by the County Commission of Lawrence County, to be paid from the public highway and traffic fund of the county treasury or such other funds of the county as may be available for such purposes.
Ala. Code § 45-40-10 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-10
Section 45-40-10 Disclaimer
Status: reserved

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

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

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

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

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

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

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

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

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-36-232.26 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-232.26
Section 45-36-232.26 Legislative Intent
Status: in_force

It is the intent of the Legislature that the provisions of this subpart pertaining to pretrial release shall be a guide to judicial officers in Jackson County, as defined herein, to insure that no person be needlessly detained in the county because of his or her personal economic circumstances so long as his or her release shall not be contrary to the public interest and also shall serve the purpose of assuring the defendant’s presence at the trial. It is not the intent of the Legislature that this subpart be so liberally construed as to allow the indiscriminate release of accused persons.
Ala. Code § 45-49-170.73 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.73
Section 45-49-170.73 Report of Cost of Demolition; Adoption of Resolution Fixing Costs; Proceeds of Sale of Salvaged Materials; Objections; Lien
Status: in_force

(a) Upon demolition of any building or structure pursuant to this subpart, the appropriate county official shall make a report to the county commission of the demolition costs at a meeting held for that purpose, and the county commission shall adopt a resolution fixing the costs which it finds were reasonably incurred in the demolition, and shall assess those costs against the property. The appropriate county official shall give notice of the meeting at which the fixing of such costs are to be considered by first-class mail to all entities having an interest in the property whose address and interest is determined from the tax collector’s records on the property or is otherwise known to the official. The proceeds of any monies received from the sale of salvaged materials from a demolished building or structure shall be used or applied against the cost of the demolition. Any person, firm, or corporation having an interest in any demolished property may be heard at any such meeting as to any objection he or she may have to the fixing of such costs or the amounts of its demolition.

(b) The fixing of costs by a resolution of the county commission shall constitute a special assessment against any lot or parcel of land upon which a building or structure was located, and duly made and confirmed shall constitute a lien on the property for the amount of the assessment. The lien shall be superior to all other liens on the property, except liens for taxes, and shall continue in force until paid. A certified copy of the resolution of the county commission fixing the costs shall also be filed in the office of the judge of probate of the county. The tax collector of the county shall add the amount of the lien to the ad valorem tax bill on the property and shall collect the amount as if it were a tax and remit the amount to the county.
Ala. Code § 45-37A-240.01 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-240.01
Section 45-37A-240.01 Prisoner Transport Fee
Status: in_force

(a)(1) Notwithstanding any law to the contrary, the Municipal Court of the City of Hoover, Alabama, may assess a prisoner transport fee against a defendant for expenses incurred in transporting the defendant on a Hoover Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention facility to the Hoover Municipal Detention Facility.

(2) The fee provided in this section may be assessed in all criminal cases by the municipal judge when a transport is required as described in subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads guilty on or after May 24, 2005. The prisoner transport fee shall be collected from the defendant as court costs and other fees are collected.

(3) Assessment of a prisoner transport fee by the municipal court is permitted only when transport of a defendant is required from outside the police jurisdiction of the City of Hoover, but within the State of Alabama.

(4) If assessed pursuant to this section, a prisoner transport fee for transportation expenses incurred shall be determined by the municipal court at the time a defendant is adjudicated guilty or pleads guilty. The fee shall be based on the total distance that the defendant is transported, according to the following schedule:

(b) All fees received by the City of Hoover Municipal Court for the prisoner transport fee shall be deposited into the City of Hoover Corrections Fund and allocated in conformity with subsection (a) of Section 11-47-7.1.
Ala. Code § 45-11-240.31 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-240.31
Section 45-11-240.31 Office Established; Election
Status: in_force

At the expiration of the term of office of the tax assessor and the office of the tax collector of the county following August 1, 2008, or if a vacancy occurs in either office, then immediately upon the occurrence of the vacancy, the office of county revenue commissioner shall be established. If the office of county revenue commissioner is established upon the occurrence of a vacancy in either the office of tax assessor or the office of tax collector, the tax assessor or the tax collector, as the case may be, remaining in office shall be the county revenue commissioner for the remainder of the term of office for which he or she was elected. The county revenue commissioner shall be elected at the general election in 2014 and every six years thereafter and shall serve for a term of office of six years. The county revenue commissioner first elected shall take office on October 1, 2015.
Ala. Code § 45-49A-81.11 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-81.11
Section 45-49A-81.11 Pension Eligibility for Certain Employees – 25 Years of Service
Status: in_force

(a) Any employee of the City of Prichard who has been in the service thereof for as long as 25 years, the last four years of which, counting a major fraction of a year as a full year, have been continuous, upon making written application to the City Council of the City of Prichard, Alabama, therefor, shall, without medical examination or disability be retired from service of the City of Prichard and upon such retirement the council shall direct the payment to the retiring employee monthly from such fund, a sum equal to 55 percent of the monthly compensation received by such employee as salary or other compensation at the time of his or her retirement, or an amount equal to 55 percent of the average compensation of such employee over the then past four calendar years, whichever shall be the greater, multiplied by the percentages applicable from the table below:

(b) Provided that the percentage shall increase one percent for each year of service over 30 years. Any employee of the City of Prichard who has been in the service thereof for as long as 30 years or longer, the last four years of which, counting a major fraction of a year as a full year, have been continuous, upon making written application to the City Council of the City of Prichard, Alabama, therefor, shall, without medical examination or disability, be retired from service from such city and upon such retirement, the council shall direct the payment to such retiring employee monthly from such fund, a sum equal to 60 percent of the monthly compensation received by such employee as salary or compensation at the time of his or her retirement, or an amount equal to 60 percent of the average compensation of such employee over the then past four calendar years, whichever shall be the greater.

(c) With regard to any years of service prior to a break in service of the employee, which are included in the computation of the total service of an employee under the terms of this section, on account of which years the employee had withdrawn the one-half of his or her own contributions to which he or she would have been entitled under Section 45-49A-81.20, no such years will be credited to the employee in the computation of his or her pension until he or she has repaid to the fund the amount of his or her contributions previously withdrawn plus compound interest at four percent per annum, from the date of the withdrawal to the date of his or her retirement.

(d) At the time an across-the-board raise is given to the city employee of the City of Prichard, future retirees shall be entitled to 50 percent of the raise given to active city employees.

(e) Whenever an active employee of the City of Prichard, or a former employee of the City of Prichard retired under the terms of this part shall die while so employed or enjoying the benefits of such pension, there shall be appropriated and paid from the fund the sum of two hundred fifty dollars ($250) for funeral and burial expenses of such decedent, which such sum shall be used for funeral and burial expenses and paid out on order of the head of the department of which such decedent was a member, or on order of the City Council of the City of Prichard, Alabama.

(f) Notwithstanding any provision of this part to the contrary, any participating employee, regardless of age, shall be able to retire and receive full benefits as provided in this section upon 25 years of service and participation in the fund.

(g) The City Council of the City of Prichard is hereby authorized to promulgate regulations to allow elected officials of the city to participate in the pension and retirement fund for the city.
Ala. Code § 45-48-70.12 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.12
Section 45-48-70.12 County Highway Program
Status: in_force

The commission shall provide for a county highway program for Marshall County consistent with this subpart and shall employ all such assistants as are necessary to properly maintain and construct the public roads, highways, bridges, parks, and other public properties of Marshall County, and shall have authority to prescribe their duties, and to discharge employees for cause, or when not needed.
Ala. Code § 45-47A-50 — Alabama Code / Title 45 / Chapter 47A / Section 45-47A-50
Section 45-47A-50 Sale of Draft or Keg Beer or Malt Beverages
Status: in_force

Upon the adoption of an ordinance by the governing body of the City of Guin, the sale of draft or keg beer or malt beverages by retail licensees of the Alcoholic Beverage Control Board may be authorized in the municipality. All resolutions and ordinances relating to the sale, consumption, and possession of bottled or canned beer in the municipality shall apply to draft or keg beer or malt beverages except as provided herein. The governing body of the City of Guin may further regulate any aspect of the sale of draft or keg beer or malt beverages in the municipality by ordinance pursuant to this section.
Ala. Code § 45-5-233.02 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-233.02
Section 45-5-233.02 Records of Abandoned and Stolen Firearms; Sale or Destruction
Status: in_force

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

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

(c) The sheriff may sell the firearms only to gun dealers who have held an active business license in this state for at least one year immediately prior to the date of the sale. The sheriff shall establish a procedure to notify gun dealers of a sale. A firearm shall be sold to the gun dealer submitting the highest sealed bid. All sales shall be on a cash basis. The proceeds of the sale, after deducting and paying all expenses incurred in the recovery, maintenance, and sale of the firearms shall be paid to the office of the Sheriff of Blount County.

(d) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff’s office funds for that purpose.

(e) Any firearm held by the sheriff on August 1, 2017, shall be subject to this section, but shall be held for at least six months after August 1, 2017.
Ala. Code § 45-50-20 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-20
Section 45-50-20 Legislative Findings
Status: in_force

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

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

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

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

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

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

(b) Based upon the reasons expressed in subsection (a), as a matter of law, the Legislature declares that this article regulates the liquor traffic within the meaning and intent of Section 104 of the Constitution of Alabama of 1901.
Ala. Code § 45-46-90.01 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-90.01
Section 45-46-90.01 Definitions
Status: in_force

(a) Wherever used in this article, unless a different meaning clearly appears in the context, the following terms and others evidently intended as the equivalent thereof, shall be given the following respective interpretations:

(1) APPLICANT. A natural person who files a written application with the governing body of Marengo County, or with the governing body of any municipality in such county in accordance with Section 45-46-90.02.

(2) AUTHORITY. A public corporation organized pursuant to this article.

(3) AUTHORIZING COUNTY. Marengo County, Alabama, provided the governing body thereof shall have adopted an authorizing resolution.

(4) AUTHORIZING MUNICIPALITY. Any municipality in the county, the governing body of which shall have adopted an authorizing resolution.

(5) AUTHORIZING RESOLUTION. The resolution that authorizes the incorporation of an authority, adopted by the governing body of the county or the governing body of any municipality in the county in accordance with Section 45-46-90.02.

(6) BOARD. The board of directors of an authority.

(7) BONDS. Includes bonds, notes, and certificates representing an obligation to pay money.

(8) COUNTY. Marengo County, Alabama.

(9) DIRECTOR. A member of the board of directors of the authority.

(10) DOCK FACILITIES. Docks and all kinds of dock facilities, including elevators, warehouses, water and rail terminals, wharves, piers, quays, compresses, and other related structures, facilities, and improvements that may be needed for the convenient use of the inland waterways of the state, as well as the land on which such facilities are located, which lie within the county.

(11) GOVERNING BODY. With respect to a municipality, its city or town council, board of commissioners, or other like governing body. Governing body with respect to the county means the county commission.

(12) HEREIN, HEREBY, HEREUNDER, HEREOF, AND OTHER EQUIVALENT WORDS. This article as an entirety and not solely to the particular section or portion thereof in which any such word is used.

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

(14) MUNICIPALITY. An incorporated city or town in Marengo County, Alabama.

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

(16) PRINCIPAL OFFICE. The place at which the certificate of incorporation and amendments thereto, the by-laws, and the minutes of the proceedings of the board of an authority are kept.

(17) PROPERTY. Includes real and personal property, and interests therein.

(18) STATE. The State of Alabama.

(b) The definitions set forth in this section shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 45-49-142.08 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-142.08
Section 45-49-142.08 Auditing; Improper Expenditures
Status: in_force

All funds distributed to the volunteer fire departments under this part may be audited by the Mobile County Commission at any time, but not less than every two years. If the Mobile County Commission finds or determines that funds provided by this part have been improperly expended by an eligible fire volunteer department, the department shall return all funds improperly expended and in addition thereto shall pay a penalty equal to 10 percent of all improperly expended funds. At the discretion of the Mobile County Commission, any volunteer fire department that fails to comply with this part may be deemed to have forfeited its right to receive any funds generated by this part.
Ala. Code § 45-41-244.62 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-244.62
Section 45-41-244.62 Sales Tax on Certain Automotive Vehicles, Truck Trailers, Etc
Status: in_force

The governing body of the county is hereby authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law, a sales tax on the sale of any automotive vehicle, truck trailer, semitrailer, or house trailer required to be registered or licensed with the judge of probate of the county and purchased other than at wholesale in the county from any person, firm, or corporation which is not a licensed dealer engaged in selling automotive vehicles, truck trailers, semitrailers, or house trailers, as follows: Upon every person, firm, or corporation purchasing other than at wholesale within the county any automotive vehicle, truck trailer, semitrailer, or house trailer required to be registered or licensed with the judge of probate of the county from any person, firm, or corporation which is not a licensed dealer engaged in selling automotive vehicles, truck trailers, semitrailers, or house trailers an amount not exceeding three-eighths of one percent of the purchase price; provided, however, that where any used automotive vehicle, truck trailer, semitrailer, or house trailer is taken in trade or in a series of trades as a credit or part payment on the sale of a new or used automotive vehicle, truck trailer, semitrailer, or house trailer, the tax authorized to be levied in this section shall be paid on the net difference, that is, the price of the new or used vehicle or trailer sold less the credit for the used vehicle or trailer taken in trade.
Ala. Code § 45-33-242.30 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-242.30
Section 45-33-242.30 Levy of Tax
Status: in_force

(a) Upon adoption of a resolution by the Hale County Commission, the commission may impose on every person, firm, or corporation that sells, stores, delivers, uses, or otherwise consumes tobacco or tobacco products in Hale County, a county privilege, license, or excise tax in the following amounts;

(1) Seven cents ($0.07) for each package of cigarettes made of tobacco or any substitute therefor.

(2) Seven cents ($0.07) for each cigar of any description made of tobacco or any substitute therefor, including the cigarette sized or near cigarette sized cigars.

(3) Seven cents ($0.07) 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) Seven cents ($0.07) 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) Seven cents ($0.07) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

(6) Seven cents ($0.07) 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 subpart 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 § 45-23A-91.10 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.10
Section 45-23A-91.10 Proceeds from the Sale of Bonds
Status: in_force

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized, including, but without limitation to, the use of bond proceeds to establish reserve funds as security for the payment of the principal of, and premium, if any, and interest on the bonds, and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to the fiscal, engineering, legal, and other expenses incurred in connection with the issuance of the bonds, and except in the case of refunding bonds, interest to accrue on such bonds for a period ending not later than two years from their date.
Ala. Code § 45-34-84.60 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-84.60
Section 45-34-84.60 Transfer of Duties; Compensation
Status: in_force

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

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

(c)(1) Upon the recommendation of the judge of probate, the governing body of Henry County shall provide the probate office with office personnel, clerks, deputies, and quarters, books, stationery, furniture, equipment, and other conveniences and supplies as the governing body may consider necessary for the proper and efficient assessment and collection of ad valorem tax on motor vehicles and non-motorized vehicles. Compensation of any personnel so provided shall be fixed by the judge of probate and shall be paid in equal installments out of the general fund of the county.

(2) The salaries, as determined in subdivision (1), shall be paid on a pro rata basis out of the monies collected each tax year and paid into the general fund of the county, and thereafter paid from the fund to the clerks in equal installments. The pro rata share of the salaries of the clerks to be paid by each fund or agency receiving ad valorem taxes shall be determined by computing the percentage of the total collections for which each fund or agency bears to the total collections of ad valorem taxes. The pro rata share of salaries each fund or agency shall pay during the first year after implementation of this section shall be based upon the collections made during the upcoming year after October 1, 2000.
Ala. Code § 45-25-200 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-200
Section 45-25-200 Revenue Officer
Status: in_force

(a) In DeKalb County, the county commission shall employ a county revenue officer at an annual salary to be determined by the county commission. The revenue officer is authorized to collect any and all county taxes of whatever nature currently levied or to be levied in the future, except ad valorem taxes on real and personal property.

(b) All duties and authority imposed on or vested in license inspectors by Section 40-12-10, or by any other statute, are imposed upon and vested in the office of the county revenue officer created by this section, and such revenue officer shall perform such other duties as may be prescribed by the county commission from time to time.

(c) The county commission may appoint such assistants, agents, inspectors, auditors, examiners, and secretarial and clerical assistance as the duties of the officer may from time to time require.
Ala. Code § 45-28A-41.25 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-41.25
Section 45-28A-41.25 Assumption of Office; Powers, Duties, Rights
Status: in_force

(a) Upon the assumption of office of the initially elected members of the board of education, the Gadsden City Board of Education as provided in this subpart shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(b)(1) Upon assumption of office of the initial elected members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11, commencing with Section 16-11-1, of Title 16, and as otherwise provided by law.

(2) At the first meeting after the board takes office, and every year thereafter, the board shall by majority vote of those voting, select a chair and a vice chair from among its members. The vice chair shall preside over meetings of the board in the absence of the chair.

(3) All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this subpart.

(c) The establishment of the board of education as provided in this subpart shall not affect or impair any of the following:

(1) Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

(2) Existing contractual obligations of the board of education.

(3) Existing civil and criminal actions.
Ala. Code § 45-49-151.07 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.07
Section 45-49-151.07 Racing Days - Requirements; Broadcast Races
Status: in_force

(a) Any person, association, or corporation desiring to operate a racetrack in the county may hold and conduct one or more race meetings at the track each year, but no license shall be granted to any person, association, or corporation, or to any track for a period longer than 312 racing days in any one year.

(b)(1) Any licensee authorized to conduct race meetings under this subpart may:

a. Receive broadcasts of pari-mutuel events conducted outside of Mobile County, and allow all forms of pari-mutuel wagering on those events. The gross proceeds retained by the licensee on all wagering by patrons received under this section shall be subject to a commission of two percent to be paid by the licensee to the racing commission.

b. Transmit broadcasts of dog races to tracks located outside of Mobile County and to other authorized facilities located outside of the State of Alabama. The gross proceeds retained by the licensee on all wagering by patrons on dog races broadcast under this section shall be subject to the same percentage commissions as are paid by the licensee to the racing commission on receiving broadcasts.

(2) For the purposes of this section, the term broadcast means the broadcast, transmission, or exhibition in any medium or manner by means which may include, but are not limited to, digital transmission or exhibition of historical races; community antenna systems which receive and retransmit television or radio signals by wire, cable, or otherwise to television or radio sets; and cable origination networks or programmers which transmit programming to community antenna television or closed-circuit systems by wire, cable, satellite, or otherwise.

(3) To the extent that any rights, privileges, or immunities granted to racing associations under this section conflict with this subpart or any other law or affect any order or rule of the Alabama Public Service Commission relating to the regulation of public utilities and the furnishing of any communication, wire service, or other similar service or equipment, the rights, privileges, or immunities granted under this section will prevail over the conflicting provisions.

(4) The racing commission may establish necessary rules and regulations for the reasonable regulation of the broadcast races.
Ala. Code § 45-42-162.12 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.12
Section 45-42-162.12 Compensation of Mayor and Commission
Status: in_force

After the first term the mayor and each commissioner shall receive as compensation for their services the sum established by the metropolitan governing body at least six months prior to the date of the election.
Ala. Code § 45-22-243.60 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-243.60
Section 45-22-243.60 Levy of Privilege License and Excise Taxes
Status: in_force

There is levied in Cullman County, in addition to all other taxes now imposed by law, special county privilege license and excise taxes paralleling state sales and use taxes in the manner and at the rates hereafter prescribed:

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

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

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

(4) Upon every person, firm, or corporation engaged or continuing within Cullman County in the business of selling at retail any automotive vehicle or truck trailer and semi-trailer, an amount equal to one-half of one percent of the gross proceeds of the sale of the automotive vehicle or truck trailer and semi-trailer. Provided, that where any used automotive vehicle or truck trailer or semi-trailer is taken in trade, or in a series of trades, as a credit or part payment of the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less a credit for the used vehicle taken in trade.

(5) An excise tax is hereby imposed on: The storage, use, or other consumption in Cullman County of tangible personal property purchased at retail, for storage, use or other consumption in Cullman County, at the rate of one percent of the sale price of such property, regardless of whether the retailer is or is not engaged in business in Cullman County or in this state, except as provided in paragraphs a. and b.; and

a. The storage, use, or other consumption in Cullman County of any new or used automotive vehicle, truck trailer, or semi-trailer purchased at retail for storage, use, or other consumption in Cullman County, at the rate of one-half of one percent of the sales price of such automotive vehicle, truck trailer, or semi-trailer. Where any used automotive vehicle or truck trailer or semi-trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied shall be paid on the net difference, that is, the difference in the price of the new or used vehicle sold less a credit for the used vehicle taken in trade; and

b. The storage, use, or other consumption in Cullman County of any machine or machinery used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property, including the parts of such machines or machinery, attachments, and replacements therefor which are made or manufactured for use on or in the operation of such machines, purchased at retail for storage, use, or other consumption in Cullman County, at the rate of one-half of one percent of the sales price of such machine or the parts, attachments, or replacements therefor.

c. There are exempted from the levy of such taxes the gross receipts of any business and the gross proceeds of all sales which are exempted under the state sales tax statutes from the computation of the amount of the state sales tax. And there is also exempted from the levy the storage, use, or other consumption of property, the storage, use, or other consumption of which is exempted under the state use tax statutes from the state use tax. Subject to these exemptions, every person storing or using or otherwise consuming in Cullman County tangible personal property purchased at retail shall be liable for the tax imposed, and the liability shall not be extinguished until the tax has been paid by such person; provided, however, that a receipt from a registered seller given to the purchaser of any property to be used, stored, or consumed in Cullman County shall be sufficient to relieve the purchaser from further liability for the tax to which such receipt may refer. The term registered seller means the person registered with the State Department of Revenue pursuant to the state sales tax statutes. The term state sales tax statutes means Act 100, HB94, approved August 18, 1959, which levies a retail sales tax for state purposes, and includes all statutes, including amendments to Act 100 which expressly set forth any exemptions from the computations of the tax levied in Act 100, and all other statutes which expressly apply to, or purport to affect, the administration of Act 100 and the incidence and collection of the tax imposed therein. The term state use tax statutes means Article 11 of Chapter 20, Title 51, Code of Alabama 1940, as amended, including all statutes enacted which expressly set forth any exemptions from the computation of the tax levied in Article 11 and all other statutes which expressly apply to, or purport to affect, the administration of the article and the incidence and collection of the tax imposed therein.
Ala. Code § 45-23-82.07 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-82.07
Section 45-23-82.07 Costs and Fees
Status: in_force

(a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims of drug, alcohol, or anger management treatment required by law, and are in addition to costs of supervision, treatment, and restitution for which the person may be responsible. An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay. Pretrial diversion program fees as established by this part may be waived or reduced for just cause, including indigency of the applicant, at the discretion of the district attorney. Any determination of indigency of the offender for the purposes of pretrial diversion fee waiver or reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney.

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

(1) Felony offenses: Up to eight hundred fifty dollars ($850).

(2) Misdemeanor offenses (excluding traffic): Up to five hundred dollars ($500).

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

(4) Violations: Up to two hundred dollars ($200).

(c)(l) An applicant may be assessed additional fees if the services of the Department of Forensic Sciences are used in a case involving a drug offense in the following amounts:

a. Felony: Up to one hundred dollars ($100).

b. Misdemeanor/violation: Up to fifty dollars ($50).

(2) An applicant may be assessed additional fees for distribution to the arresting or ticketing agency in the following amounts:

a. Felony: Up to one hundred dollars ($100).

b. Misdemeanor/violation: Up to fifty dollars ($50).

c. Traffic: Up to twenty-five dollars ($25).

(3) The additional fees provided for by this subsection may not be paid inot the pretrial diversion program fund.

(d) Each applicant accepted into the pretrial diversion program shall be assessed an additional fee between twenty-five dollars ($25) and one hundred dollars ($100), as determined by the district attorney, which shall be allocated to the Dale County Circuit Clerk’s Office, for offenses filed in Dale County, and to the Geneva county Circuit Clerk’s Office, for offenses filed in Geneva County. Money allocated to a circuit clerk pursuant to this subsection shall be available for use, at the clerk’s discretion, to support the clerk’s office.

(e) Each applicant accepted into the pretrial diversion program shall be assessed an additional fee between fifty dollars ($50) and one hundred dollars ($100), as determined by the district attorney, which shall be allocated to the Dale County General Fund, for offenses filed in Dale County and to the Geneva County General Fund, for offenses filed in Geneva County.

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

(g) The district attorney may use a portion of the proceeds to fund other organizations that help support law enforcement.

(h) Fees required by this part shall be collected by the circuit clerk’s office in which the offense was filed. Those fees due to the district attorney shall then be disbursed to the district attorney and shall be deposited by the district attorney into the pretrial diversion fund as described in Section 45-23-82.10. The circuit clerk shall make the disbursement in a timely manner.
Ala. Code § 45-37A-242.03 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-242.03
Section 45-37A-242.03 Increase to Ad Valorem Tax
Status: in_force

(a) This section shall apply to the City of Hoover in Jefferson County and Shelby County.

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

(1) AMENDMENT 373. Amendment 373 to the Constitution of Alabama of 1901, now appearing as Section 217 of the Constitution of Alabama of 2022.

(2) CITY. The City of Hoover, Alabama.

(3) CITY GENERAL AD VALOREM TAX. The tax authorized pursuant to the applicable provisions of the general laws of this state and the Constitution of Alabama of 2022, to be levied by the city for general municipal purposes including public school purposes.

(c) The city presently levies and collects the city general ad valorem tax. Pursuant to a resolution adopted by the City Council of the City of Hoover after a public hearing in accordance with Amendment 373, the City of Hoover proposes to increase the rate at which it may levy and collect the city general ad valorem tax by an additional 2.4 mills ($0.24 on each one hundred dollars) of assessed value for public school purposes.

(d) Pursuant to subsection (f) of Amendment 373 and a resolution adopted by the City Council of the City of Hoover after a public hearing, the city may increase the rate at which the city levies and collects the city general ad valorem tax by a maximum rate increase for any tax year equal to 2.4 mills ($0.24 on each one hundred dollars) of assessed value, to be used and expended exclusively for public school purposes.

(e) The increase in the rate at which the city general 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.
Ala. Code § 45-56-240.02 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-240.02
Section 45-56-240.02 Merging Budgetary Operations and Functions
Status: in_force

The Revenue Commissioner of Randolph County may take the necessary action to merge the budgetary operations and functions of his or her office. The expenses of the office shall be financed on a pro rata share basis from the proceeds of any state, county, and municipal ad valorem taxes collected in the county in the same manner as the salary of the revenue commissioner is paid pursuant to Section 40–6A–2. Any funds retained pursuant to this section shall be used solely for the operation of the office of revenue commissioner subject to approval of the budget for the office by the county commission in the same manner as the budget is currently approved.
Ala. Code § 45-49-85.02 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-85.02
Section 45-49-85.02 Sale of Voter Lists to Certain Candidates
Status: in_force

In Mobile County, notwithstanding any law to the contrary, the judge of probate is hereby authorized to sell, at the rate of five cents ($0.05) per name, the list of names and addresses of all qualified voters of requested wards and precincts within the county, to any candidate for federal, state, district, county, or municipal office who has qualified for the office with the appropriate official. All proceeds from the sales of the lists shall be deposited into the county general fund.
Ala. Code § 45-48-70.21 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.21
Section 45-48-70.21 Competitive Bid Procedures
Status: in_force

The commission shall comply with the state bid law applying to county governing bodies and any other sections of this subpart applying to competitive bid procedures and in addition, the commission shall furnish to a newspaper published in Marshall County, to be published therein as a legal advertisement paid for at the usual rate by the county, a notice or advertisement stating that sealed bids will be received on a specified date at the office of the commission for the article or articles or services described in the order of the commission. The notice shall also state that complete specifications and description of the article or articles or service or services to be purchased are available at the office of the commission or on the bulletin board outside the commissioners’ office. In sending such advertisements to the newspapers the commission shall take care that each newspaper published in the county gets a fair share of publishing of such notices and to this end a system of rotation shall be established whereby all newspapers published in the county shall be patronized. At the expiration of the time for receiving bids, the chair shall deliver all sealed bids unopened to the commission at its next session, and thereupon the commission shall open the bids and award the purchase to the lowest responsible bidder and order the chair to issue a purchase order thereon; or, the commission may reject all bids and invite new bids in the manner herein provided. The names of all bidders, the amounts bid, a complete description or itemization of items bid on, and the terms of the bid shall be listed and released as information for publication to all county newspapers. Neither the chair nor the commission shall have authority to accept any bid unless at the time of accepting the same the county has funds on hand sufficient to pay for the same.
Ala. Code § 45-25-242.06 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.06
Section 45-25-242.06 Enforcement
Status: in_force

It shall be the duty of the governing body of the county to enforce this subpart upon its imposing the tax hereunder, 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 on which such tax has been imposed and to make any and all rules and regulations necessary and proper for the collection of such tax.
Ala. Code § 45-29-140.15 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-140.15
Section 45-29-140.15 Validity of Certificate of Incorporation
Status: in_force

In all cases where there is an attempt to incorporate a public corporation under this article, and a certificate of incorporation with respect to such corporation has been filed in the office of the judge of probate of the county in which such corporation was sought to be incorporated, but the attempted incorporation is invalid because of some irregularity in the procedure followed, the attempted incorporation of such public corporation with respect to which such a certificate of incorporation has been filed shall be and hereby is validated ab initio, notwithstanding any irregularity in the procedure for incorporation of such corporation including, without limiting the generality of the foregoing:

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

(2) The inclusion in the certificate of incorporation of any matter not authorized to be included therein or contrary to the statutory requirements with respect to such corporation.
Ala. Code § 45-20-71.09 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-71.09
Section 45-20-71.09 Vacancies - How Filled
Status: in_force

Should any vacancy occur in the presidency or associate membership of the board, the same shall be filled by appointment of the Governor who shall be governed by Section 45-20-71.04 and Section 45-20-71.05. Such appointment shall be for the unexpired term of the officer whose office is vacant, and until his or her successor is elected and qualified.
Ala. Code § 45-15-82.60 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-82.60
Section 45-15-82.60 General Register of Transactions
Status: in_force

(a) The Judge of Probate of Cleburne County in conformity to the duties set out in Section 12-13-41, shall maintain a general register for all transactions now recorded by the probate office and having a general direct and general reverse index for every instrument filed. Specifically included in the general register are those instruments described in Section 12-13-41(11) (deeds and mortgages, etc.); Section 12-13-41(13) (adverse possession); Section 35-4-52 (bankruptcy petitions); Section 35-4-53 (bonds for title); Sections 35-4-69 and 35-4-71 (affidavits relative to chain of title of land); Section 35-4-76 (options to buy land); Section 35-4-90 (agreements to convey land); Section 35-4-91 (wills which convey real property); Section 35-4-130 (lis pendens and hospital liens); Sections 35-5-3, 35-5-4, 35-5-5, and 35-5-6 (official bonds, notary bonds, and oaths of office); Section 10-2A-93 (corporations); Section 10-4-26 (church minutes which grant trustees the authority to convey land); Section 6-9-210 (liens of judgment); Section 40-1-2(d) (tax liens); military discharges; medical records and any and all other miscellaneous documents may be so registered at the discretion of the judge.

(b) These instruments excluded from this section, mainly Section 12-13-41 (2) and (3) (minutes of official acts); Section 12-13-41(4) (probate docket); Section 43-2-502 (final settlements); Sections 18-1-11 and 18-1-19 (condemnation orders); Section 40-10-15 (tax sales); Section 35-2-51(a) (plats); Section 12-19-45 (fees), shall be maintained as specified by the heretofore existing laws.

(c) Each instrument contained in the general index shall be numbered consecutively and filmed.
Ala. Code § 45-2-40.04 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-40.04
Section 45-2-40.04 Sanitary Requirements
Status: in_force

(a) No towels, wash cloths, or other linen items shall come in contact with the body or any other part thereof of any customer or patron at a massage parlor that have not been boiled and laundered since last used.

(b) Every person applying or administering massages shall cleanse his or her hands thoroughly by washing same with soap and hot water before attending or massaging any person.

(c) Any person while applying or administering massages shall be clothed from the shoulders to the knees by a robe, smock, or other opaque apparel so that the patron or customer shall be protected from bodily contact with the person applying or administering the massage except for the hands and arms of the person applying or administering the massage.

(d) Any massage parlor licensed pursuant to this article shall be equipped with running hot and cold water, and with all appliances, furnishings, and materials as may be necessary to enable persons employed in and about the massage parlor to comply with the provisions of this article.
Ala. Code § 45-6-241.20 — Alabama Code / Title 45 / Chapter 6 / Section 45-6-241.20
Section 45-6-241.20 License Tax
Status: in_force

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

(b) There is levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm, or corporation engaging in the business of renting or furnishing any room or rooms, lodging, or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration, in an amount of four percent of the charge for the room, rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in the room; provided, however, that there is exempted from the tax levied under this section any rental or services taxed under Division 1 of Article 1 of Chapter 23 of Title 40. The tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 30 continuous days or more in any place.

(c) The tax herein levied shall be collected in the same manner as the state lodgings tax as provided in Chapter 26, Title 40, and the net proceeds, less a reasonable cost of collection, from the tax shall be paid into the county treasury to the Union Springs/Bullock County Tourism Council for the promotion of tourism and hunting lodges in the county.
Ala. Code § 45-43-232 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-232
Section 45-43-232 Jail Store; Disposition of Funds
Status: in_force

(a) The Sheriff of Lowndes County may operate a jail store or commissary for all inmates within the confines of Lowndes County custody. The jail store or commissary shall be operated to serve the needs of the county jail population.

(b) Any and all monies collected under subsection (a) shall be deposited by the Sheriff of Lowndes County, or his or her appointed agent, in any bank located in Lowndes County selected by the sheriff, into a fund known as the sheriff’s law enforcement fund.

(c) The sheriff’s law enforcement fund shall be drawn upon by the Sheriff of Lowndes County, or his or her appointed agent, and shall be used for the betterment of law enforcement in the public’s interest in the discharge of the sheriff’s office, as the sheriff sees fit.

(d) Any and all monies collected prior to May 23, 2000, shall be transferred into the sheriff’s law enforcement fund created by this section.

(e) The establishment of the sheriff’s law enforcement fund and the use of the funds shall not diminish or take the place of any other source of income established for the sheriff or the operation of his or her office.

(f) The Department of Examiners of Public Accounts shall audit the fund annually and submit a copy of the audit to the sheriff within 30 days of its completion.
Ala. Code § 45-49-102.25 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-102.25
Section 45-49-102.25 School Council - Meeting Frequency and Agenda
Status: in_force

The school council in a pilot program shall determine the frequency of and agenda for their meetings but shall meet at least once a month. Matters relating to formation of school councils in a pilot program that are not provided for by this subpart shall be addressed by the Mobile County School Board policy. The school board shall develop a policy and system relating to the reporting of the school councils. The policy shall require that reports by a school council in a pilot program be submitted to the school board at uniform periods on forms developed by the school board that shall be used by each school council.
Ala. Code § 45-55-171.21 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-171.21
Section 45-55-171.21 Issuance of Certificate Regarding Individual with Mental Illness; Detention and Treatment; Discharge; Notice; Liability
Status: in_force

(a)(1) Concurrently with Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22, an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state may execute a certificate stating that he or she has personally evaluated an individual and has found, based upon the observations set forth in detail in the certificate, that the individual appears to be mentally ill, is a danger to himself or herself or others, and requires immediate treatment.

(2) Upon execution of the certificate described in subdivision (1), the attending physician, nurse practitioner, or physician assistant may detain and provide emergency treatment to the individual for up to 72 hours, and consent for medical treatment shall be presumed as provided in Section 22–8–1.

(3) After execution of the certificate, but no more than 36 hours from execution of the certificate, the executor of the certificate shall send the certificate to a person designated by the regional mental health provider for Pike County in order to facilitate the evaluation of the individual and determine need for a petition as provided in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22.

(b) An individual treated pursuant to subsection (a) shall be discharged within 72 hours, unless the Pike County Judge of Probate orders further inpatient or outpatient treatment for the individual as provided in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22.

(c) If a petition is filed and accepted as provided for in Article 1, commencing with Section 22–52–1.1, of Chapter 52 of Title 22, and the Pike County Judge of Probate determines that the individual needs to be detained pending a probable cause hearing, the time allowed under Section 22–52–8 will be computed from the date of admission.

(d) An attending physician, nurse practitioner, or physician assistant and hospital providing treatment pursuant to subsection (a) shall make reasonable efforts to contact any designated emergency contact for the individual.

(e) A licensed hospital and an attending physician, nurse practitioner, or physician assistant who acts in good faith compliance with this section shall be immune from civil or criminal liability for any actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.

(f) If an individual is discharged without further orders of inpatient treatment by the Pike County Judge of Probate, and that individual arrived as a result of law enforcement intervention, the hospital shall promptly communicate this information to the appropriate law enforcement agency. A law enforcement officer from that agency shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer from that agency 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, a law enforcement officer from that agency shall transport the individual to his or her residence or other place of abode if it is within the county.
Ala. Code § 45-18-110 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-110
Section 45-18-110 Compensation
Status: in_force

(a) The members of the Board of Registrars and Board of Equalization of Conecuh County shall be entitled to receive an additional compensation of five dollars ($5) per day to be paid out of the general fund of the county treasury. The 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 boards are authorized to meet and conduct business.

(b) In Conecuh County, in addition to any other compensation received by the members of the county board of registrars, including, but not limited to, the compensation received pursuant to subsection (a), the members of the board of registrars shall be entitled to receive an additional compensation of five dollars ($5) per day to be paid from the county general fund. The compensation provided in this act shall be paid only for those days when the board is authorized to meet and conduct business.
Ala. Code § 45-53-246.03 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-246.03
Section 45-53-246.03 Rulemaking Authority
Status: in_force

The state Department of Revenue, if directed and authorized by resolution of the Perry County Commission to collect and administer the county privilege, license, or excise tax herein levied, for as long as directed by the county commission, is authorized to adopt and enforce rules and regulations to effectuate the purposes of this part. All rules and regulations duly adopted shall have the force and effect of law.
Ala. Code § 45-46-84.23 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-84.23
Section 45-46-84.23 Fees
Status: in_force

The judge of probate shall be entitled to charge and collect the same fees that are provided for by law. Refunds for licenses issued by mistake or fact of law shall be made under the conditions and in the manner prescribed by existing state law.
Ala. Code § 45-49-230.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-230.04
Section 45-49-230.04 Salary and Expense Allowance of Sheriff
Status: in_force

(a) The Sheriff of Mobile County shall continue to receive the annual salary the sheriff is receiving on June 1, 2024, for the remainder of the current term of office which commenced in January 2023.

(b) In addition to the salary provided in subsection (a), the sheriff shall be entitled to an additional expense allowance of thirty-nine thousand dollars ($39,000) per year, payable in equal monthly installments from the general fund of the county. This expense allowance shall be in addition to all other compensation or benefits provided to the sheriff and shall be treated the same as salary for retirement purposes.

(c) Effective at the end of the term of office of the sheriff commencing in January 2023, the expense allowance provided in subsection (b) shall be void, and the annual salary of the sheriff shall be increased by thirty-nine thousand dollars ($39,000) per year effective beginning the next term of office of the sheriff commencing in January 2027.

(d) In addition to any other compensation provided to the sheriff, the sheriff shall be entitled to cost-of-living increases or other uniform increases in compensation in the same manner and amount provided to county employees. The amount of any cost-of-living increase or other uniform increase shall be based on the total compensation of the sheriff, including any salary and expense allowances provided to the sheriff. During any term of office of the sheriff, any cost-of-living increase or other uniform increase shall be paid as an expense allowance to the sheriff, and, effective beginning the next term of office of the sheriff, any cumulative uniform increases during a term shall be converted to salary. Any expense allowance provided to the sheriff shall be treated the same as salary for retirement purposes.
Ala. Code § 45-37-123.197 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.197
Section 45-37-123.197 Headings and Severability
Status: in_force

The headings and subheadings of the plan have been inserted for convenience of reference and are to be ignored in any construction of the provisions hereof. If, for any reason, any clause, sentence, subsection, or section or provision of the plan, or the application thereof, to any person, body, situation, or circumstance is held invalid or inoperative, the remainder of the plan and the application thereof to any other person, body, situation, or circumstance shall not be affected thereby.
Ala. Code § 45-16-140.03 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-140.03
Section 45-16-140.03 Fire Protection Service Fee. - Collection, Administration, and Enforcement
Status: in_force

The fire protection and emergency medical service fee shall be collected, administered, and enforced at the same time, in the same manner, and under the same requirements and laws as are the ad valorem taxes of the state. In the case of a manufactured home, the fee shall be collected, administered, and enforced at the same time, in the same manner and under the same requirements and laws as the annual registration fee for manufactured homes provided in Section 40-12-255. The proceeds of the fee shall be paid into the Coffee County General Fund. The Coffee County Commission may establish rules and procedures regarding the transfer, accounting, and holding of the funds, including an administrative fee not to exceed three percent of the total funds collected. Within 30 days of payment into the general fund, the Coffee County Commission shall transfer any funds collected on property located in the City of Enterprise to the City of Enterprise and any funds collected on property in the City of Elba to the City of Elba, with all funds to be used to fund the fire department and emergency medical services of the respective cities. The Coffee County Commission shall transfer the remaining funds to the Coffee County Volunteer Firefighters Association and the emergency medical service squads which have contracted in writing with the county commission in the following manner: Twenty percent of these funds shall go to the eligible emergency medical service squads; the balance, 80 percent, of the funds shall go to the Coffee County Volunteer Firefighters Association to be distributed among Coffee County eligible fire departments, with one-half of one percent remaining with the firefighters association. All distributions shall be based on the number of eligible structures in each department’s respective E-911 protective district. The Coffee County Revenue Commissioner shall provide a report listing the number of eligible structures in each city and each district from which a fee has been collected.
Ala. Code § 45-37A-52.120 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.120
Section 45-37A-52.120 Fiscal Year
Status: in_force

(a) The fiscal year of the city government shall begin on the first day of July and shall end on the last day of June of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this part, the term budget year shall mean the fiscal year for which any particular budget is adopted and in which it is administered.

(b) Notwithstanding any provision in this section, the council may enact an ordinance declaring that the city adopts a fiscal year that begins on the first day of October and ends on the last day of September of the following calendar year. The ordinance shall become effective on the first day after the expiration of any fiscal year ending June 30 in which the ordinance is adopted. The ordinance shall provide that in order to change from a July 1 to June 30 fiscal year to an October 1 to September 30 fiscal year, the city, on a one-time basis, shall utilize a transitional financial reporting period that extends, at the council’s election, for a three-month period beginning on July 1 and ending on September 30 of that same calendar year, or for a 15-month period beginning on July 1 and ending on September 30 of the following calendar year.
Ala. Code § 45-34-242.07 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-242.07
Section 45-34-242.07 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 the county, which are actually resold or reshipped.
Ala. Code § 45-19-110.04 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-110.04
Section 45-19-110.04 Methods of Voter Reidentification
Status: in_force

A voter may reidentify himself or herself in anyone of the following ways:

(1) He or she may reidentify himself or herself by appearing in person at the office of the board of registrars and answering such questions and submitting such proof as may reasonably be required by the board of registrars or one of its duly authorized employees to establish his or her identity and place of legal residence and that he or she has not become disqualified from voting in such county.

(2) He or she may reidentify himself or herself by filling in and mailing to the office of the board of registrars the completed answers to such questions as may reasonably be propounded and mailed to him or her in a written questionnaire by the board of registrars, or on a form which the board of registrars shall cause to be printed in all newspapers of general circulation published in the county. Such questionnaire may contain such questions as are reasonably necessary to establish the identity of the person signing such questionnaire, the place of his or her legal residence, and that he or she has not become disqualified from voting in such county. All answers to such questionnaires shall be signed by the elector in the presence of at least two witnesses who shall sign his or her answers as attesting witnesses.

(3) He or she may reidentify himself or herself at the general election of 1978 or at any election at which he or she votes during 1978, and any tenth year thereafter, by filling out and signing answers to the questionnaire prepared by the board of registrars in the presence of a clerk, manager, or returning officer at such election. Such clerk, manager, or returning officer shall sign the answers of such voter as an attesting witness. The returning officer shall transmit all such filled in and signed answers to questionnaires to such board of registrars.

(4) Any voter who has been purged from the list of qualified electors for failure to reidentify may reidentify himself or herself on any election day at the office of the board of registrars or judge of probate by appearing in person. He or she will be given a certificate to take to the polls in order to vote on that day.
Ala. Code § 45-56-242.28 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.28
Section 45-56-242.28 Construction, Maintenance, or Operation Costs of Licensed Hospital Facilities
Status: in_force

The proceeds of any taxes levied pursuant to the authorization contained in this subpart shall be used only for the purpose of providing funds to pay the costs of construction, maintenance, or operation of licensed hospital facilities in the county. The entire proceeds derived by the county from the taxes herein authorized to be levied, including any income derived from the investment of such proceeds, shall be paid over and deposited, promptly upon receipt thereof, into a separate and distinct fund or account of the county, which shall be accounted for as other county funds. The county may anticipate the proceeds from the taxes so required to be paid to it by issuing, for any of the purposes for which the taxes are herein authorized to be levied, funding or refunding bonds, warrants, or certificates of indebtedness of the county, and may pledge for the payment of the principal thereof and interest thereon the proceeds from the taxes so paid to it; provided however, and notwithstanding anything in this subpart to the contrary, the term of any and all funding or refunding bonds, warrants, or certificates of indebtedness of the county authorized to be issued by this section shall not exceed 30 years. The pledge of the proceeds by the county for the payment of the principal of and interest on bonds, warrants, or certificates of indebtedness issued by the county shall constitute a part of the contract with the holders of the bonds, warrants, or certificates of indebtedness and the contract shall be protected from impairment to the fullest extent provided by the United States Constitution and the Constitution of Alabama of 1901, as amended.
Ala. Code § 45-42-200.13 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.13
Section 45-42-200.13 Application of Driver’s Licenses
Status: in_force

The county license commissioner shall take applications for driver’s licenses or renewals thereof, temporary driver permits, and other motor vehicles operator’s licenses and give receipts for the fees paid therefor. All such applications shall be handled in every respect as prescribed in this code. The same fees and charges may be collected and remitted in the manner therein and herein prescribed, except that issuance fees therein prescribed for the judges of probate or other issuing officials shall be collected for the use of the county and shall be paid into the general fund in the county treasury at the same time that other monies due the county under this part are paid.
Ala. Code § 45-47-231.31 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-231.31
Section 45-47-231.31 Suspension of Merit Employees
Status: in_force

The appointing authority shall have authority to suspend, without pay, a merit employee for any personal misconduct, or fact, affecting or concerning his or her fitness or ability to perform his or her duties in the public interest. In the event a merit employee is suspended without pay for more than 10 days in any one year, he or she shall be entitled to a public hearing by the board upon written demand filed within five days from the date of the order of suspension. If, after hearing, the board determines that the action of the appointing authority was not with good cause, the suspension shall be revoked.
Ala. Code § 45-29-140.06 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-140.06
Section 45-29-140.06 Financial Powers and Rights
Status: in_force

(a) The authority organized or operating pursuant to this article, in addition to all other powers now or hereafter granted by law, shall have the following powers and rights:

(1) To borrow money for use for any of its corporate purposes.

(2) To sell, transfer, convey, grant options to purchase, or lease all or any part of its system or systems for such consideration and on such terms as it shall deem advisable and in the best interest of the authority.

(3) To consent and agree to the assignment or payment of any income received from the investment of any moneys of funds of the authority to any other public corporation or public entity including, without limitation, the county or the State of Alabama.

(4) To loan or advance its funds to any person at such, if any, interest as it shall determine, for the purpose of financing the construction of a system or any part thereof.

(5) To contract with others for the construction of all or any part of a system or systems or any part thereof.

(b) The moneys held in any special fund established by the authority may be invested in any direct obligations of the United States of America, the obligations of any agency of the United States of America, interest bearing bank deposits, or in any securities the payment of the principal of and interest on which is fully secured by direct obligations of the United States of America.

(c) The authority shall be under no obligation to render service to the citizens of any municipality which shall not have granted the authority and those claiming under it a franchise for any system of the authority within such municipality without payment of any fee, charge, or cost other than the cost of publication of the ordinance granting the franchise.

(d) Any transaction to which the authority or the county is a party shall be exempt from any tax levied pursuant to Article 4, commencing with Section 40-12-220, of Chapter 12 of Title 40, or any tax levied in substitution therefor or in lieu thereof.

(e) Any water system, or any part thereof, leased or subleased to, or operated or managed by, the authority or county, whether the lease or sublease be by the authority or any private party including, without limitation, corporations or partnerships, shall be exempt from all state, county, and other taxes including, without limitation, ad valorem taxes, regardless of the entity that shall hold the legal title to such system or facility or any part thereof or any remainder or reversionary interest therein.

(f) The county may acquire by lease or sublease any property comprising all or any part of a water system from the authority or from any vendee or lessee or sublessee of the authority, or may manage or operate the same, having all rights of the authority with respect thereto, upon mutual consent of the parties.
Ala. Code § 45-48-241.50 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-241.50
Section 45-48-241.50 Sale and Redemption of Lands
Status: in_force

The procedure for selling and redeeming lands for taxes in Marshall County shall be the same as provided in Title 40, as amended, except that all such duties as are required of and are performed by the judge of probate shall be transferred to and be performed by the tax collector of the county, and the judge of probate shall be relieved of all such duties.
Ala. Code § 45-37A-40 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-40
Section 45-37A-40 Board of Education
Status: in_force

(a) Beginning with the municipal elections in 2002, a school board for the City of Bessemer, Alabama, is established and shall be elected in 2002, and every four years thereafter. The board shall be called the Bessemer City Board of Education. The board shall be composed of seven members, with one member being elected from each of the districts from which the Bessemer City Council are elected, by a majority of the qualified electors voting who reside in the respective districts.

(b) Candidates for each place on the board of education shall be at least 21 years of age, residents of the district which they seek to represent on the board for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of conviction for a felony or any other crime involving moral turpitude. Each candidate shall pay a qualifying fee in an amount prescribed by the Bessemer City Council.

(c)(1) The Bessemer City Council shall take necessary steps to ensure this section complies with the federal Voting Rights Act of 1965, as amended.

(2) The election and runoff election, if necessary, held in 2002 and all subsequent elections held pursuant to this section shall be called, conducted, the votes canvassed, and the results declared in the same manner as provided for the election of members of the city council, unless otherwise required in this section.

(d)(1) Upon the assumption of office of the members of the board of education elected in 2002, the Bessemer City Board of Education as provided in subsection (a) shall be constituted. At that time, the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(2)a. Members of the board of education shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11, commencing with Section 16-11-1, of Title 16.

b. At the first meeting after the board elected in 2002 takes office, and at the first meeting of the board each year thereafter, the board shall select a chair from among its members. The chair shall preside over meetings of the board and shall possess the same powers and duties as other members of the board.

c. All property, records, supplies, and equipment of any prior board of education shall be vested in the board created by this section.

(3) The establishment of the board of education as provided in this section shall not affect or impair any of the following:

a. Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

b. Existing contractual obligations of the board of education.

c. Existing civil and criminal actions.

(e) Any vacancy on the board of education occurring prior to the expiration of a term of office shall be filled by appointment of the remaining members of the board of education for the remainder of the unexpired term. If the vacancy is not filled within 45 days from the date of the announcement of the vacancy, the State Superintendent of Education shall make an appointment to fill the vacancy.

(f) The compensation for the members of the board of education shall be three hundred dollars ($300) per month to be paid from city school system funds; provided further that the compensation for the members of the board of education may be increased to a maximum of six hundred dollars ($600) per month by a majority vote of the board. No increase in compensation for members of the board may be enacted during a fiscal year in which the Education Trust Fund is in proration.
Ala. Code § 45-8-243 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-243
Section 45-8-243 Levy of Tax; Failure to Add Tax or Refund or Absorption of Tax; Disposition of Funds; Affixing of Tax Stamps; Rules and Regulations; Construction and Application
Status: in_force

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

(1) Three cents ($0.03) for each package of cigarettes, made of tobacco or any substitute therefor.

(2) Three cents ($0.03) 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.

(3) 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 (2).

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

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

Provided, however, when the privilege, license or excise tax hereby required to be paid shall have been paid by a wholesaler or seller of cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products, such payment shall be sufficient, the intent being that such privilege, license, or excise tax hereby required to be paid shall be paid but once on each package of cigarettes, each package of cigars or cigarellos, on each cigar, cheroot, or stogie, and on each sack, can, bottle, glass, tumbler, plug, package, or other container of smoking tobacco, chewing tobacco, or snuff, as herein provided.

(b) Upon the passage of a unanimously adopted resolution by the entire Calhoun County Commission, every person, firm, corporation, club, association, partnership, or other legal entity that sells or stores or receives for the purpose of distribution in Calhoun County any cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products shall add the amount of the privilege, license, or excise tax levied and assessed herein to the price of the cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, association, partnership, or other legal entity, who or which sells or stores or receives for the purpose of distributing the cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products, on all price display signs, sales, or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products. Provided, however, that the resolution shall not be effective unless the Calhoun County Commission has given 10 days’ public notice of the meeting at which the resolution is considered.

(c) It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Calhoun 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 on 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.

(d) 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 into the county general fund of Calhoun County to be expended at the discretion of the Calhoun County Commission for the erection, construction, or maintenance of the necessary public buildings in Calhoun County.

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

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

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

(h)(1) None of the provisions of this section shall be applied in such a manner as to be in violation of the commerce or other clauses of the federal or state constitution.

(2) This statute shall not be construed to apply to cigarettes, cigars, smoking tobacco, chewing tobacco, snuff, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of Calhoun County which are actually resold or reshipped.
Ala. Code § 45-57-150.02 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.02
Section 45-57-150.02 Permit Holder
Status: in_force

(a) No qualified organization or club shall be permitted to operate a bingo game unless the sheriff of the county first issues a permit to the organization or club authorizing it to do so. The permit described in this article is in addition to, and not in lieu of, any other business licenses which may be required by law, and no bingo game shall be operated until all required licenses have been obtained. A permit holder may hold only one permit and that permit is valid for only one location. A permit is not assignable or transferable. Only one permit may be issued for any location.

(b) Any qualified organization or club desiring to obtain a permit to operate bingo games in a calendar year shall apply to the sheriff, on forms provided by that office, and shall pay an annual fee of one hundred dollars ($100). Renewal applications shall also be filed with the sheriff. The sheriff shall refuse to grant a bingo permit to any applicant who fails to fully provide the information required by this subsection. Each applicant for a permit shall prove its length of existence and the ownership of real property in Russell County for at least the five years immediately preceding the application and provide the following information:

(1) The name and home address of the applicant and, if the applicant is a corporation, association, private club, or other similar legal entity, the names and home addresses of each of the officers of the organization or club, as well as the names and addresses of the directors, or other persons similarly situated, of the organization or club.

(2) The names and home addresses of each person who will be operating or promoting the bingo game.

(3) The names and home addresses of persons, organizations, clubs, or other legal entities that will act as surety for the applicant.

(4) The location at which the applicant will conduct the bingo games. Bingo games shall be held only on the premises wholly owned by a qualified permit holder with exception to a rental agreement pursuant to this article.

(5) A statement showing the convictions, if any, for criminal offenses, other than minor traffic offenses, of each of the persons listed in subdivisions (1), (2), and (3).

(c) Permits may be amended upon resubmission of application, surrender of permit, and payment of a twenty-five dollar ($25) fee.
Ala. Code § 45-39-233.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-233.03
Section 45-39-233.03 Pistol Permit Fee; Sheriff’s Law Enforcement Fund
Status: in_force

(a) In Lauderdale County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person, as provided in Section 13A-11-75, shall be as follows:

(1) Ten dollars ($10) for an annual permit.

(2) Fifty dollars ($50) for a five-year permit.

(3) Three hundred dollars ($300) for a lifetime permit.

(4) One hundred fifty dollars ($150) for a lifetime permit if the applicant is 60 years of age or older at the time of application.

(5) No charge for a service member, a retired or honorably discharged military veteran, a law enforcement officer, or an honorably retired law enforcement officer as provided in Section 13A-11-75.

(b)(1) Any and all monies collected pursuant to subsection (a) shall be deposited by the Sheriff of Lauderdale County in any bank located in Lauderdale County selected by the sheriff into a fund known as the Sheriff’s Law Enforcement Fund and shall be audited by the Department of Examiners of Public Accounts.

(2) The sheriff shall distribute the required portion of all lifetime permit fees as provided under Section 13A-11-75.

(c) The Sheriff’s Law Enforcement Fund shall be drawn upon by the sheriff or his or her appointed agent and shall be used exclusively for law enforcement purposes in the public’s interest and in the discharge of the sheriff’s office as the sheriff sees fit.

(d) The establishment of the Sheriff’s Law Enforcement Fund as provided in this section and the use of the funds collected under this section shall in no way diminish or take the place of any other source of income established for the sheriff or the operation of his or her office.

(e) The provisions of this section are remedial and curative and any actions taken by the sheriff in conformance with this section are ratified and confirmed.
Ala. Code § 45-46-242.03 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-242.03
Section 45-46-242.03 Addition of Tax to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing in a business subject to the tax levied pursuant to this subpart, shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax levied pursuant to this subpart to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.
Ala. Code § 45-2-171.21 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-171.21
Section 45-2-171.21 Baldwin County Indigent Care Board Authorized
Status: in_force

At the determination of the county commission, there may be hereby established the Baldwin County Indigent Care Board, hereinafter referred to as the board, whose composition and duties shall be as follows:

(1) The county commission may appoint a Baldwin County Indigent Care Board which shall consist of four members who are duly qualified electors of Baldwin County, but no member of such board shall be employed by any hospital. Of the members of the board first appointed under the provisions of this section, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years and one shall be appointed for a term of four years. Thereafter, their successors shall be appointed for terms of four years and may be appointed to succeed themselves as members of the board. The county commission shall appoint all members of the board. In the event the county commission does not appoint the subject board, the duties and responsibilities of the board provided for herein shall be carried out by the county commission. Members of the board shall serve without compensation, except that they may be reimbursed for all necessary and proper expenses incurred in performance of their duties.

(2) The board shall meet monthly at a public place within Baldwin County to certify accounts presented to the board by hospitals of medical care who are providing medical care to medically indigent citizens of Baldwin County and to make recommendations for payments from the board’s account or accounts to such hospitals of medical care. The board shall be empowered to employ appropriate personnel with county commission approval for the purpose of maintaining the board’s records and accounts or the county commission may provide such personnel for the purpose of maintaining the board’s records and accounts, and the board shall be empowered to expend revenues in its account or accounts to carry out the several provisions of this subpart.

(3) Notwithstanding any other provision of this section, the board, or the county commission if no board is established, may elect to disburse all or any portion of the funds received, collected, or held pursuant to or in accordance with subdivision (5) of Section 45-2-245 as approved by the board or the county commission in accordance with the terms, conditions, criteria, or limitations adopted by the board or county commission, in its discretion. The board or county commission may disburse the funds as set forth in this section, regardless of whether or not there are any individual claims for payment pending or asserted by any individual hospital. Upon the depletion of all funds received for a given year pursuant to subdivision (5) of Section 45-2-245, the board or the county commission shall have no obligation to pay any other reimbursements pursuant to this section.
Ala. Code § 45-52-230.01 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-230.01
Section 45-52-230.01 Purchasing Procedures Using Credit Card or Debit Card
Status: in_force

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

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

(2) DEBIT CARD. A card issued by a bank in relation to a checking or savings account held by the Morgan County Sheriff’s Office.

(b) To provide for convenience in making purchases of tangible personal property or services approved by the sheriff, the Sheriff of Morgan County may establish procedures to make certain purchases through use of a credit card or debit card issued to the Morgan County Sheriff’s Office. The sheriff may adopt written policy and procedures governing the utilization of credit cards or debit cards which, at a minimum, shall include each of the following:

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

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

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

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

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

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

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

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

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

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

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

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

(d) In the event the credit card or debit card provides rewards or rebates based upon the use of the card, any rewards or rebates earned from the card or cards shall be deposited in the Sheriff’s Discretionary Fund of Morgan County.
Ala. Code § 45-23-240.80 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-240.80
Section 45-23-240.80 Invalid Check Procedures
Status: in_force

In Dale County, when a personal check given for a license is found to be noncollectible for any reason, the revenue commissioner shall notify the Worthless Check Unit of the District Attorney’s Office which shall make a reasonable attempt to collect the amount due for the license. In the event the collection cannot be made, the district attorney’s office shall so state in writing and the statement shall constitute authorization for the revenue commissioner to void the license. Once the license has been voided, the revenue commissioner shall receive credit for the cost of the license plus the issuance fee. The appropriate state office shall mark the records pertaining to the void license and upon inquiry by any law enforcement agency, shall notify the agency that the party in question is operating under a void license.
Ala. Code § 45-57A-63.230 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.230
Section 45-57A-63.230 Compensation of Council Members and Mayor
Status: in_force

(a)(1) This section shall become effective beginning the next term of office of the city council following April 6, 2022.

(2) The members of the city council shall receive an annual salary of twenty-eight thousand dollars ($28,000) per year, in lieu of any and all salary, expense allowance, or other compensation now provided by law.

(3)a. The city council, by majority recorded roll call vote of the entire elected members of the council conducted not later than six months prior to the next qualifying date for election to the council, may grant to each member of the council an additional expense allowance, payable in equal monthly installments from the general fund of the municipality.

b. Any expense allowance granted to the members of the city council shall become salary effective upon the next term of office following the approval of the expense allowance.

(4) Notwithstanding any provision of this section or any other provision of the law to the contrary, the total annual compensation of any member of the city council may not exceed the total annual compensation of the mayor.

(b) Effective beginning the next term of office of the mayor following April 6, 2022, the mayor shall receive an annual salary of thirty-five thousand ($35,000) dollars, in lieu of any and all salary, expense allowance, or other compensation now provided by law.
Ala. Code § 45-37-244 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-244
Section 45-37-244 Real Estate Business License Fee
Status: in_force

(a) Any law to the contrary notwithstanding, effective January 1, in the year following the ratification of an amendment to the Alabama Constitution of 1901, as amended, enacted during the current session of the Legislature and ratified by the people, an annual business license fee of twenty-two dollars ($22) is hereby imposed on all corporations, firms, brokers, agents, and other persons or entities engaged in Jefferson County in the business of buying, selling, managing, leasing, or renting of real estate on commission in Jefferson County.

(b) Such license fee shall be paid annually, at the same time as the license fee imposed under Section 40-12-149, to the Revenue Director of Jefferson County.

(c) After subtracting two dollars ($2) from each such license as an administrative fee, the Revenue Director of Jefferson County shall distribute the total license fees collected hereunder to each city and town in Jefferson County on a prorata basis according to population before October 1 each year, commencing October 1, in the year following the ratification of the constitutional amendment.
Ala. Code § 45-7-82 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82
Section 45-7-82 Assistance of Investigators Etc., Before Grand Jury
Status: in_force

The District Attorney of the Second Judicial Circuit shall have the authority to have his or her investigators and any other employees of his or her office assist him in the presence of the grand jury except when the jury is deliberating.
Ala. Code § 45-45-121.06 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-121.06
Section 45-45-121.06 Demotion, Dismissal, Reduction in Pay, Etc.; Written Statement of Specific Adverse Action; Hearing; Judicial Review
Status: in_force

(a) No employee covered by this part may be demoted, dismissed, or reduced in pay without just cause and the opportunity to demand a hearing pursuant to this section prior to implementation of the demotion, dismissal, or reduction in pay.

(b) Any time an appointing authority proposes to demote, dismiss, place upon disciplinary probation, reduce in pay, or suspend without pay any covered employee, the appointing authority shall first present to the employee a written statement of the specific adverse action proposed and the reasons for that action, and shall inform the employee of a specific date and time at which the employee shall have an opportunity to discuss the proposed adverse action with the appointing authority. This meeting shall not occur sooner than three days after the notice of the proposed action. The appointing authority shall consider any argument made by the employee prior to implementing any proposed adverse action.

(c)(1)a. No later than five working days following any dismissal, demotion, reduction in pay, or unpaid suspension of greater than 15 days of any covered employee, the employee may file a written demand with the chair of the personnel board requesting a hearing before the personnel board to contest the adverse action and requesting that the adverse action be vacated.

b. The employee, in that same manner and within that same time frame, also may request a hearing before the personnel board to appeal to the personnel board to rectify any alleged failure by the appointing authority to provide the notice and meeting required by subsection (b).

(2)a. Upon receipt of a valid, timely written notice of appeal, the personnel board shall conduct a hearing as provided by this part and by the rules of the personnel board, and shall either affirm the decision of the appointing authority or vacate the action of the appointing authority.

b. The personnel board shall affirm the decision of the appointing authority so long as it is reasonably satisfied from the evidence that a proper predisciplinary meeting was provided and that the employee violated a rule, policy, or procedure of the appointing authority in effect at the time of the acts or omissions of the employee that resulted in the adverse action.

(d) Hearings under subsection (c) shall be informally conducted. The rules of evidence do not apply. All witnesses shall be sworn, and the employee and appointing authority may each be represented by counsel of their own choosing. A verbatim record of all proceedings before the personnel board shall be prepared and transcribed by a certified court reporter.

(e) Notwithstanding any provision of this section to the contrary, the provisions of this section, including those providing a method for appeal to the personnel board, shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure or as part of a general curtailment program shall be prorated to all employees of the appointing authority.

(f) The action of the personnel board after hearing pursuant to this section shall be final and conclusive. Any employee wishing to dispute a decision of the appointing board relating to that employee may seek review of the board’s decision in the Circuit Court of Madison County by the filing of a petition for a common law writ of certiorari. On any appeal, the court shall uphold the decision of the personnel board if due process pursuant to this part was provided to the employee and if any legal evidence exists to support the decision of the personnel board. Any review by the circuit court shall be limited to the record presented to the personnel board, and no party shall be entitled to a trial by jury in the circuit court.
Ala. Code § 45-56-112 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-112
Section 45-56-112 Establishment of Voting Centers
Status: in_force

(a) Pursuant to subsection (b) of Section 17–6–4, the Randolph County Commission may establish voting centers by combining voters from two or more precincts in order to create voting centers in order to facilitate voting or reduce costs for elections and may otherwise provide for voting centers.

(b) Any actions taken by the county commission to establish voting centers in the county prior to August 1, 2023, are validated and confirmed.
Ala. Code § 45-39-40.28 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-40.28
Section 45-39-40.28 Application Exclusive
Status: in_force

This article shall not apply in any county except Lauderdale.
Ala. Code § 45-12-71 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-71
Section 45-12-71 Construction and Maintenance of Private Roads
Status: in_force

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

(b) The county commission is further authorized and empowered to construct and maintain any road or driveway, exclusive of bridges, leading from a public road to the residence of an abutting landowner for a distance of one-fourth of a mile.

(c) The actual cost of operating and constructing the road or driveway shall be borne and paid by the homeowner. The county commission is hereby authorized and empowered to require the posting of a cash bond to insure the payment of such actual cost. The county commission may, in its discretion, provide normal maintenance at county expense on any road or driveway, exclusive of bridges, leading from a public road to the residence of an abutting homeowner for a distance of one-fourth of a mile.

(d) Should any such homeowner desire the construction, opening, or maintenance of any drive extending beyond one-fourth of a mile, he or she must pay the actual cost thereof and the county can require a cash bond for the estimated amount of such construction. Such additional construction shall be at the option of the county commission.
Ala. Code § 45-2-84.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-84.01
Section 45-2-84.01 Powers and Duties of County Commission
Status: in_force

(a) The Baldwin County Commission may implement this part. Upon implementation of this part, the Baldwin County Commission shall have the duty to generally superintend all administrative functions pursuant hereto, subject, however, to the provisions of duly promulgated rules by the Baldwin County Pretrial Release and Community Corrections Board. The Baldwin County Commission and the Baldwin County Pretrial Release and Community Corrections Board may not direct any judicial officer in the exercise of his or her judicial function.

(b) The Baldwin County Commission, by resolution and any necessary supporting interagency agreement, may delegate and assign the commission’s duties to superintend, administer, and staff the Baldwin County Community Corrections Center and the programs developed pursuant to this part to the Sheriff of Baldwin County or the Baldwin County Pretrial Release and Community Corrections Board.

(c) The Baldwin County Commission or its delegated agency may employ and dismiss personnel employed to carry out this part in the same manner as other employees except that the director, two department chiefs, and the financial officer shall be appointed or contract positions.

(d) The director shall be appointed or contracted with by the Baldwin County Commission or its delegated agency. The Baldwin County Commission or its delegated agency may not appoint or contract with a director without the approval of a majority of the members of the Baldwin County Pretrial Release and Community Corrections Board.

(e) The Baldwin County Commission or its delegated agency shall be the agency to apply for, receive, and administer any grant funds received from any government agency or private entity.

(f) The Baldwin County Commission may contract with municipalities in the county for defendants in municipal jails to participate in programs pursuant to this part.
Ala. Code § 45-40-141.06 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-141.06
Section 45-40-141.06 Use of Funds
Status: in_force

Funds disbursed to eligible volunteer fire departments pursuant to this part shall be expended only for fire protection and emergency medical services, including training, supplies, buildings, capital improvements, equipment, insurance, professional services, and dues. The funds shall not be expended for salaries, food, drink, social activities, or fund-raising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds are properly expended. By September 15th of each year, the department shall file a report with the county association detailing the expenditure of all funds during the previous 12 months and setting out a schedule of all proposed projects. The filing shall account for all unspent funds and whether any unspent funds have been obligated. Unspent funds that have not been obligated which exceed the amount of total receipts paid to the department for the prior year from this fee shall be returned to the county association for redistribution as provided in Section 45-40-141.04. The county association shall supply the accounting forms to each eligible volunteer fire department. A copy of the year-end report shall also be filed with the county commission and shall be audited by the Department of Examiners of Public Accounts of the state on the same basis as county funds are audited.
Ala. Code § 45-1-243.01 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-243.01
Section 45-1-243.01 Authorization of Levy of Sales Tax
Status: in_force

(a) The governing body of the county is hereby authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law, and to collect as herein provided, a privilege or license tax on account of the business activities and in the amount to be determined by the application of rates against gross sales or gross receipts, as the case may be, as follows:

(1) Upon every person, firm, or corporation (including the State of Alabama, the University of Alabama, Auburn University, and all other institutions of higher learning in the state, whether such institutions be denominational, state, county, or municipal institutions, any association or other agency or instrumentality of such institutions) engaged or continuing within the county in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidences of debts or stock, nor sales of material and supplies to any person for use in fulfilling a contract for the painting, repair, or reconditioning of vessels, ships, and other watercraft of over 50 tons burden) an amount not exceeding one percent of the gross proceeds of sales of the business, except where a different amount is expressly provided herein; provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as a retailer, on the gross sales of the business; and provided further, that where any used part of an automotive vehicle or a truck trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or rebuilt part, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used part sold less the credit for the used part taken in trade, provided, however, that this provision shall not be construed to include tires or batteries;

(2) Upon every person, firm, or corporation engaged or continuing within the county in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theatres, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within this state, or any athletic association thereof, or other association whether such institution or association be denominational, a state, county, or municipal institution or association or a state, county, or city school, or other institution, association, or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, and public dance halls of every kind and description within the county, an amount not exceeding one percent of the gross receipts of any such business;

(3) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property an amount not exceeding one-half of one percent of the gross proceeds of the sale of such machines; provided that the term “machine” as herein used shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used;

(4) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any automotive vehicle, truck, trailer, semi-trailer, or house trailer, an amount not exceeding one-half of one percent of the gross proceeds of sale of the automotive vehicle, truck, trailer, semi-trailer, or house trailer; provided, however, where a person subject to the tax provided for in this subsection withdraws from his or her stock in trade any automotive vehicle or truck, trailer, semi-trailer, or house trailer for use by him or her or by his or her employee or agent in the operation of such business, there shall be paid, in lieu of the tax authorized to be levied herein, a fee of one dollar twenty-five cents ($1.25) per year or part thereof during which such automotive vehicle, truck, trailer, semi-trailer, or house trailer shall remain the property of such person; provided, that each such year or part thereof shall be deemed to begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the 12 succeeding months or part thereof during which such automotive vehicle, truck, trailer, semi-trailer, or house trailer shall remain the property of such person; and provided further, that where any used automotive vehicle, truck, trailer, semi-trailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade;

(5) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment and attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation such machine, machinery, or equipment, an amount equal to one-half percent of the gross proceeds of the sale thereof. Provided, however, the one-half percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.

Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade; and

(6) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling, through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products, and substitutes therefor, an amount not exceeding one-half of one percent of the cost of such food, food products, and beverages sold through such machines, which cost for the purpose of this subdivision shall be the gross proceeds of sales of such business.

(b) There are exempted, however, from the provisions of this section and from the computation of the amount of the taxes authorized to be imposed in this section, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales tax statutes from the computation of the amount of the state sales tax.
Ala. Code § 45-37A-52.225 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.225
Section 45-37A-52.225 Officers and Employees Not to Be Privately Interested in City Contracts
Status: in_force

No member of the council, officer, or employee elected or appointed shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services to be furnished or performed for the city, and no such member of the council, officer, or employee shall be interested, directly or indirectly, in any contract for work or material, or the profits thereof, or services to be furnished or performed for any person, firm, or corporation operating interurban railway, street railway, gas works, electric light or power plant, heating plant, telegraph line, or telephone exchange within the territorial limits of the city. No such member of the council, officer, or employee of such city shall be interested in or an employee or attorney of any corporation operating any public service utility within the city. No such member of the council, officer, or employee shall accept or receive, directly or indirectly, from any person, firm, or corporation operating within the territorial limits of the city any interurban railway, railway, street railway, gas works, water works, electric light or power plant, heating plant, telegraph line, or telephone exchange, or other business using or operating under a public franchise, any frank, free pass, free ticket, or free service, or accept or receive, directly or indirectly, from any such person, firm, or corporation, any gift or other thing of value, or any service upon terms more favorable than are granted to the public generally. Any violation of this section shall be a misdemeanor, and upon conviction thereof, the guilty person shall be punished by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) and may be imprisoned in the county jail for not more than 90 days. Every such contract or agreement shall be voidable by the mayor or the council. Such prohibition of free transportation shall not apply to policemen or firemen in uniform nor to policemen in the discharge of their duty; nor shall service to city officials in their official capacity heretofore provided by any franchise or ordinance be affected by this section.
Ala. Code § 45-37-21.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-21.02
Section 45-37-21.02 Purpose
Status: in_force

The legislative intent and purpose of this part is to provide a structure for the business relations between a wholesaler and a supplier of wine in Jefferson County. Regulation in this area within the county is considered necessary for the following reasons:

(1) To maintain stability and healthy competition in the wine industry in Jefferson County.

(2) To provide and maintain a sound, stable, and viable 3-tier system of distribution of wine to the public in Jefferson County.

(3) To promote the public health, safety, and welfare.

(4) To preserve and expand jobs in Jefferson County in the wine industry.
Ala. Code § 45-22-81.03 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-81.03
Section 45-22-81.03 Juvenile Day Treatment Fund
Status: in_force

(a)(l) In addition to all other costs and charges in circuit court, district court, and juvenile court cases in Cullman County, a fee ranging from five dollars ($5) to five hundred dollars ($500) may be assessed at the discretion of the judge upon the adjudication or dismissal of the case and collected by the clerk of the court and shall be remitted monthly to the Juvenile Day Treatment Fund of the Cullman County Commission.

(2) Further, a monthly supervision fee not to exceed forty dollars ($40) per month may be assessed in juvenile cases at the discretion of the juvenile court judge and collected by the clerk of the court and shall be remitted monthly to the Juvenile Day Treatment Fund of the Cullman County Commission.

(3) There is established a Juvenile Day Treatment Fund for the deposit of the assessment fees and supervision fees provided in subdivisions (l) and (2). The fees shall be maintained in an interest-bearing account in a bank selected by the Cullman County Commission.

(4) Any money appropriated from this fund shall be expended solely for juvenile programs and subsistence of the juvenile court services staff in Cullman County, to aid the functions of the juvenile court, and for the benefit of the children and families of Cullman County.

(b) This section shall become retroactively operative and effective to January 1, 1993.
Ala. Code § 45-8A-20.17 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.17
Section 45-8A-20.17 Freedom of Authority from State Supervision and Control
Status: in_force

This part is intended to aid the state through the furtherance of the purposes of the part by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this part, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the issuance of any bonds, the execution of any mortgage, and deed of trust or trust indenture, or the exercise of any other of its powers by the authority. Neither a public hearing nor the consent of the State Department of Finance shall be a prerequisite to the issuance of bonds by the authority. The authority shall hold a public hearing before approving or obligating the expenditure of any tax revenues received by the authority from the city, any county, the state, or federal governments. Such notice shall be advertised in a newspaper of general circulation in Calhoun County, Alabama, and the notice shall be published not less than seven days prior to the hearing.
Ala. Code § 45-49-151.13 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.13
Section 45-49-151.13 Pari-Mutuel Wagering
Status: in_force

(a) The commission shall make rules governing, permitting, and regulating the wagering on dog races under the form of mutuel wagering by patrons known as pari-mutuel wagering, which method shall be legal to the extent that, and so long as, the same is carried on and conducted strictly in conformity with this subpart, and not otherwise. Only the persons, associations, or corporations receiving a license from the commission shall have the right or privilege to conduct this type of wagering, and the licenses shall restrict and confine this form of wagering to a space within the race meeting grounds. All other forms of wagering on the result of dog races shall continue to be illegal, and any or all wagering outside of the enclosure of such races, where such races shall have been licensed by the commission, shall be illegal.

(b) No person or corporation shall directly or indirectly purchase parimutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity and no person shall purchase any part of a pari-mutuel pool through another, wherein he or she gives or pays directly or indirectly such other person anything of value. Any person violating this section 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 both fine and imprisonment in the discretion of the court.
Ala. Code § 45-46-70.15 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-70.15
Section 45-46-70.15 Service in Multiple Offices
Status: in_force

No member of the board of revenue shall discharge the duties, either as principal or deputy, of any state or county officer, so long as he or she is a member of the board of revenue.
Ala. Code § 45-44-140 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-140
Section 45-44-140 Participation Authorized
Status: in_force

The County Commission of Macon County is authorized, when the need exists, to provide protection against forest fires in Macon County by participating in the Alabama Forestry Commission’s fire protection program in the manner hereinafter specified.
Ala. Code § 45-53-200.01 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-200.01
Section 45-53-200.01 Additional Fees for Plates and Decals - Motor Vehicle, Manufactured Homes, Mobile Homes, Tractor Trailers
Status: in_force

(a) The County Commission of Perry County, in addition to all other charges, costs, taxes, or fees levied on the issuance of all motor vehicles, manufactured homes, mobile homes, and tractor trailers of any nature, may levy a fee of up to ten dollars ($10) per license plate or decal. The county commission may also levy a user fee of up to five dollars ($5) for each license plate or decal issued for all watercraft not more than 16 feet in length and a user fee of up to ten dollars ($10) for any watercraft more than 16 feet in length. The collection of this fee may be levied on April 1, 1998, and continuing, and shall apply to any motor vehicle, manufactured home, mobile home, tractor trailer, or watercraft subject to registration or transfer of ownership.

(b) All funds received from the fees authorized by this section shall be placed in a special fund in the county treasury to be called the debt reduction fund. All funds deposited in the debt reduction fund shall be used to reduce any general fund debt of the county.
Ala. Code § 45-24A-32.03 — Alabama Code / Title 45 / Chapter 24A / Section 45-24A-32.03
Section 45-24A-32.03 Automated Photographic Traffic Signal Enforcement System
Status: in_force

(a) The city is empowered to utilize an automated photographic traffic signal enforcement system to detect and record traffic signal violations, to issue notices of civil violations by mail, and to prosecute civil violations for the recorded traffic signal violations which may occur within the corporate limits of the city as provided in this part. A civil penalty assessed under this part shall not exceed one hundred dollars ($100), and municipal court costs shall be assessed only in contested cases in the same manner and in the same amounts prescribed for a municipal criminal traffic-control device violation prosecuted as a misdemeanor under Section 32-5A-31, 32-5A-32, or 32-5A-35, or any combination thereof. An additional fee of ten dollars ($10) shall be added to the municipal court costs authorized to be collected in connection with notices issued under this part. Court costs collected pursuant to this part shall be distributed in the same manner as prescribed by law for the distribution of municipal court costs for misdemeanor violations. The additional ten dollars ($10) authorized by this part shall be paid to the Alabama Criminal Justice Information Center as compensation for record keeping with respect to violation notices issued under this part.

(b) The city shall cause a sign to be posted at each of a minimum of five roadway entry points to the city to provide motorists with notice that photographic traffic signal enforcement systems are in use. The sign will comply with this requirement if it states substantially the following: “AUTOMATED CAMERAS USED IN RED LIGHT ENFORCEMENT,” or if it otherwise gives sufficient notice.

(c) Prior to operating a photographic traffic signal enforcement system, the city shall make a public announcement and conduct a public awareness campaign on the use of a photographic traffic signal enforcement system a minimum of 30 days before using the devices. The city may place photographic traffic signal enforcement systems at locations without public notice of the specific location, may change locations without public notice, and may install and move as needed decoy devices designed to resemble photographic traffic signal enforcement systems.

(d) The city shall post a sign or signs at each intersection at which a device is located informing motorists that a photographic traffic signal enforcement system is in operation at the intersection.

(e) 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 § 45-49-40.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.06
Section 45-49-40.06 Application of Non-resident Barbers or Apprentices
Status: in_force

(a) Any person who is at least 18 years of age and of good moral character and temperate habits, who has a license as a practicing barber from another state or county having substantially the same requirements for licensing barbers as are required by this part, or who can prove by sworn affidavits that he or she has practiced as a barber in another state for at least five years within the 10 years next immediately preceding the making of the application in such county, upon the payment of the required fee, shall be granted permission to take an examination to determine his or her fitness to receive a license to practice as a barber. Should he or she fail to pass the examination, he or she within three months, may file a new application, accompanied by the required fee, and take another examination. In no event shall he or she be permitted to practice barbering until such time as he or she has passed an examination and complied with all applicable provisions of this part, and has received a license as a barber.

(b) Any apprentice barber who is at least 16 and one-half years of age and of good moral character and temperate habits and has a license as an apprentice in another state or county which has substantially the same requirements for licensing an apprentice as is provided in this part, or who can prove by sworn affidavits that he or she has practiced in another county or state for at least six months prior to making application in this state, shall upon the payment of the required fee, be granted permission to take an examination to determine his or her fitness to receive a license as an apprentice. Should he or she pass the required examination, and have complied with all other applicable provisions of this part, a license as an apprentice shall be issued to him or her. In this event the time spent in such other state or county as an apprentice shall be credited upon the period of apprenticeship required by this part, toward qualifying for the examination to determine his or her fitness to receive a license as a barber.
Ala. Code § 45-39-83 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-83
Section 45-39-83 Compensation
Status: in_force

(a) In addition to all compensation heretofore provided by law, each member of the Jury Commission of Lauderdale County, including the clerk of the commission, shall be paid five dollars ($5) per day for the time actually engaged in the discharge of his or her duties as such member, to be paid out of the county treasury, upon the warrant of the judge of probate of the county. Such warrants shall be issued by the judge of probate upon evidence satisfactory to him or her that service has been rendered, but the total compensation of each member, from the state and county, shall not exceed one thousand five hundred dollars ($1,500) for any one year of his or her term.

(b) The provisions of this section are cumulative and shall not be construed to repeal or supersede any laws not directly inconsistent herewith.
Ala. Code § 45-10-231.30 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-231.30
Section 45-10-231.30 Audit of Fund
Status: in_force

The sheriff shall keep an account of all fund transactions for audit by the Department of Examiners of Public Accounts. The fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Pubic Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.
Ala. Code § 45-41A-41.02 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-41.02
Section 45-41A-41.02 Definitions
Status: in_force

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

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

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

(3) CIVIL VIOLATION. There is hereby created a noncriminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. The penalty for 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 45-41A-41.05, 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 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.

(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. 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.

(7) TRAFFIC SIGNAL VIOLATION. Any violation of Section 32-5A-31, 32-5A-32, or 32-5A-35, or 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 part.

(8) TRAINED TECHNICIAN. A sworn law enforcement officer employed by the city, 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.
Ala. Code § 45-37-242.03 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-242.03
Section 45-37-242.03 Assessment and Collection of Fire District Fees, Charges, Etc
Status: in_force

(a) The Tax Assessor and Tax Collector of Jefferson County and the Assistant Tax Assessor and Assistant Tax Collector for the Bessemer Division of Jefferson County, or other public official performing the functions of assessing and collecting taxes in Jefferson County, upon request of any fire district located in Jefferson County, shall implement appropriate procedures necessary to assess and collect the fees, charges, or assessments levied by the governing body of the fire district, provided, the fees, charges, or assessments are related to the value of property.

(b) The fire district fees, charges, or assessments shall be a lien upon the property on which levied and shall be assessed, collected, and enforced in the same manner as ad valorem taxes are assessed, collected, and enforced. A two percent commission on all amounts levied and collected shall be paid to both the assessing official and the collecting official, or other official charged with performing functions for the levy and collection of the fire district fees, charges, or assessments. The commissions shall be deposited to the county general fund.
Ala. Code § 45-16A-40.04 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.04
Section 45-16A-40.04 Jurisdiction of Kinston Municipal Court; Hearings; Liability; Evidence and Procedure; Defenses
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(2) The motor vehicle was being operated as an authorized emergency vehicle under state law, and the operator was acting in compliance with that section.

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

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

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

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

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

(1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after the notice was mailed.

(2) Within the 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.