Ala. Code § 36-25A-5.1 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-5.1
Section 36-25A-5.1 Participation by Electronic Communications
Status: in_force

(a)(1) Except as provided in subsection (d), members of a governmental body as defined in Section 36-25A-2, that is comprised of members from two or more counties, may participate in a meeting of that governmental body by means of telephone conference, video conference, or other similar communications equipment that allows all persons participating in the meeting to hear each other at the same time. Participation by these electronic means shall constitute presence in person at the meeting for all purposes; provided, that at least three members, or a majority of a quorum of members, whichever is less, are physically present at the physical meeting location required by subsection (b).

(2) If a member is participating in a meeting of a governmental body by electronic means as authorized in this section, the governmental body shall ensure that means of access to the electronic communication is published in the same manner as the notice of the meeting is published pursuant to this chapter.

(3) The means of access shall allow members of the public to hear the meeting. A governmental body is not required to allow the public to participate by electronic means to any extent beyond being able to hear the meeting.

(b) Every meeting shall have one physical location available for persons wishing to be physically present, at which any interested member of the public shall be able to hear all persons who are participating remotely, and that location shall be published in a manner consistent with this chapter.

(c) Except as otherwise provided by this section, use of electronic communication shall be done in a manner that complies with this chapter.

(d) The members of the following governmental bodies are prohibited from participating in meetings and deliberation via electronic communications as otherwise authorized by this section:

(1) The Board of Pardons and Paroles.

(2) The Public Service Commission.

(3) Standing committees of the Legislature while the Legislature is in session.

(4) A governing board taking any action under the Students First Act of 2011.

(5) Any state board or agency acting in any quasi judicial capacity involving employment actions or the adoption of rules pursuant to statutory authority.

(6) Any state board, agency, or other governmental body conducting a hearing that could result in loss of licensure or professional censure.

(7) The Alabama Ethics Commission.

(e) Any vote taken at a meeting utilizing the equipment contemplated by subsection (a) shall be taken as a roll call vote that allows each participant to vote individually in a manner audible to all persons participating or present at the physical location provided for in subsection (b).

(f) A member participating in a meeting by means provided by this section may not claim any form of reimbursement for expenses relating to that meeting, including mileage and per diem.

(g) If the electronic communications fail or are in any way interrupted during a meeting otherwise in compliance with this chapter, that failure shall not be grounds to challenge any action taken during the meeting.

(h) Any governmental body comprised of members from two or more counties with specific statutory or constitutional authority to meet via electronic means under a procedure different than that set forth in this section may operate under the requirements of that specific authority or may adopt a resolution opting to come under the requirements of this section.
Ala. Code § 36-25-4.2 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-4.2
Section 36-25-4.2 State Ethics Commission - State Ethics Law Training Programs
Status: in_force

(a) At the beginning of each legislative quadrennium, the State Ethics Commission shall provide for and administer training programs on the state ethics laws for members of the Legislature, state constitutional officers, cabinet officers, executive staff, municipal mayors, council members and commissioners, county commissioners, and lobbyists.

(1) The training program for legislators shall be held at least once at the beginning of each quadrennium for members of the Legislature. An additional training program shall be held if any changes are made to this chapter, and shall be held within three months of the effective date of the changes. The time and place of the training programs shall be determined by the Executive Director of the State Ethics Commission and the Legislative Council. Each legislator must attend the training programs. The State Ethics Commission shall also provide a mandatory program for any legislator elected in a special election within three months of the date that the legislator assumes office.

(2) The training program for the state constitutional officers, cabinet members, and executive staff, as determined by the Governor, shall be held within the first 30 days after the Governor has been sworn into office. An additional training program shall be held if any changes are made to this chapter, and shall be held within three months of the effective date of the changes. The specific date of the training program shall be established by the Executive Director of the State Ethics Commission with the advice of the Governor and other constitutional officers.

(3) The training program for lobbyists shall be held four times annually as designated by the Executive Director of the State Ethics Commission, the first of which shall be held within the first 30 days of the year. Each lobbyist must attend a training program within 90 days of registering as a lobbyist. A lobbyist who fails to attend a training program shall not be allowed to lobby the Legislature, Executive Branch, Judicial Branch, public officials, or public employees. After attending one training program, a lobbyist shall not be required to attend an additional training program unless any changes are made to this chapter. Additional mandatory training program shall be held within three months of the effective date of the changes.

(4) All municipal mayors, council members and commissioners, county commissioners, and members of any local board of education in office as of January 1, 2011, shall obtain training within 120 days of that date. Thereafter, all municipal mayors, council members and commissioners, county commissioners, and members of local boards of education shall obtain training within 120 days of being sworn into office. Training shall be available online and may be conducted either online or in person. Evidence of completion of the training shall be provided to the commission via an electronic reporting system provided on the official website. The scheduling of training opportunities for municipal mayors, council members and commissioners, and county commissioners shall be established by the Executive Director of the State Ethics Commission with the advice and assistance of the Alabama League of Municipalities and the Association of County Commissions of Alabama. Any provision of this section to the contrary notwithstanding, the training for county commissioners required by this subdivision shall be satisfied by the successful completion of the 10-hour course on ethical requirements of public officials provided by the Buddy Sharpless Education Institute established pursuant to Article 2 of Chapter 3 of Title 11. The Buddy Sharpless Education Institute shall quarterly provide written notice to the State Ethics Commission the names of those county commissioners completing the institute’s program.

(b) The curriculum of each session and faculty for the training program shall be determined by the Executive Director of the State Ethics Commission. The curriculum shall include, but not be limited to, a review of the current law, a discussion of actual cases and advisory opinions on which the State Ethics Commission has ruled, and a question and answer period for attendees. The faculty for the training program may include the staff of the State Ethics Commission, members of the faculties of the various law schools in the state, and other persons deemed appropriate by the Executive Director of the State Ethics Commission and shall include experts in the field of ethics law, persons affected by the ethics law, and members of the press and media.

(c) Except as provided herein, attendance at any session of the training program shall be mandatory, except in the event the person is suffering a catastrophic illness.

(d) This section shall not preclude the penalizing, prosecution, or conviction of any member of the Legislature, any public official, or public employee prior to such person attending a mandatory training program.

(e) All public employees required to file the Statement of Economic Interests required by Section 36-25-14, no later than May 1, 2011, shall participate in an online educational review of the state ethics laws provided on the official website of the commission. Employees hired after January 1, 2011, shall have 90 days to comply with this subsection. Evidence of completion of the educational review shall be provided to the commission via an electronic reporting system provided on the official website.
Ala. Code § 36-4-7 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-7
Section 36-4-7 Oaths to Be Endorsed with the Date of Filing
Status: in_force

The officer in whose office such oaths are required to be filed must endorse thereon the day and year on which the same were filed, which endorsement must be signed by him.
Ala. Code § 36-4-3 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-3
Section 36-4-3 Filing of Oaths of Probate Judges
Status: in_force

Judges of probate must file their official oaths in the office of the clerk of the circuit court of their respective counties.
Ala. Code § 36-26-116 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-116
Section 36-26-116 Applicability to Cases Prior to July 1, 2004; Appropriations
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-27A-4 — Alabama Code / Title 36 / Chapter 27A / Section 36-27A-4
Section 36-27A-4 Investments
Status: in_force

All investments shall be made pursuant to the same authority and restrictions that govern the investment of funds of the retirement systems of Alabama.
Ala. Code § 36-27-95 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-95
Section 36-27-95 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
Status: in_force

(a) Commencing October 1, 1993, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the formula used in Section 36-27-94, if the employer elects to come under this article. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected. Any employer making the election to come under this article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under this article at the beginning of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively.

(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6 shall receive the same cost-of-living increase provided in Section 36-27-94, reduced by the retiree’s option factor.
Ala. Code § 36-27-28 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-28
Section 36-27-28 Exemptions from Execution; Recovery Actions
Status: in_force

(a) Except as provided in subsection (b), the right of an individual to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity, or retirement allowance itself and any optional benefit or any other right accrued or accruing to any individual under this article and the monies in the various funds created by this chapter are exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall be unassignable except as in this article specifically otherwise provided.

(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal case ordered by a circuit or district court judge in this state are not subject to the exemption set out in subsection (a), provided both of the following are satisfied:

a. The amount of the restitution ordered is in the amount of one thousand dollars ($1,000) or greater.

b. The individual subject to the order is a retiree or beneficiary who is currently receiving benefits from the Employees’ Retirement System.

(2) If the requirements of subdivision (1) are met, and upon a motion filed by the district attorney, the circuit or district court judge may order that the Employees’ Retirement System pay to the circuit clerk of the court no more than 25 percent of the retiree’s or beneficiary’s gross monthly benefit less any deductions for child support or health insurance for any dependents, to be applied to the balance of the restitution, fines, court costs, fees, or other financial obligations ordered in the criminal case.

(3) An order under subdivision (2) shall set out all of the following:

a. The individual’s name, date of birth, and Social Security number.

b. The amount of restitution ordered is in the amount of one thousand dollars ($1,000) or greater.

c. The amounts of restitution, fines, court costs, fees, or any other financial obligations owed, detailed individually.

d. The relevant case numbers.

e. The county in which the case was brought.

f. The circuit clerk’s name and mailing address.

g. That the restitution, fines, court costs, fees, or other financial obligations are payable as a result of a criminal disposition.

h. The amount or the percentage of funds to be paid.

(4) The district attorney shall notify the court whenever the restitution, fines, court costs, fees, or other financial obligations are paid in full. Thereafter, the court shall issue an order to stop the diversion of the individual’s funds. Any payment received by the circuit clerk in an amount over what was owed shall be paid back to the Employees’ Retirement System within 60 days with the specific identifying information as to the retiree or the beneficiary to whom it is owed.
Ala. Code § 36-19-4.1 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-4.1
Section 36-19-4.1 Inspections of State Property
Status: in_force

Nothing in Act 2021-476 shall eliminate or otherwise diminish the authority of the state Fire Marshal or his or her assistants, as defined by Section 36-19-3, or a local fire marshal to conduct property inspections.
Ala. Code § 36-30-20 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-20
Section 36-30-20 Definitions
Status: in_force

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) BENEFIT. Any monetary allowance payable to a law enforcement officer by a city or county or by the state or from a pension system established for the law enforcement officers of a city or county or the state on account of his or her disability or to his or her dependents on account of his or her death, irrespective of whether the same is payable under a pension law of the state or under some other law of the state.

(2) DISABILITY. Disability to perform duties as a law enforcement officer.

(3) LAW ENFORCEMENT OFFICER. A full-time law enforcement officer with the power of arrest who is employed with any state agency, department, board, commission, or institution or a full-time law enforcement officer employed by any municipality or county within this state.

(4) LAW ENFORCEMENT OFFICER’S OCCUPATIONAL DISEASE. Any condition or impairment of health caused by any of the following:

a. Hypertension.

b. Heart disease.

c. Respiratory disease.

d. Cancer which manifests itself in a law enforcement officer during the period in which the law enforcement officer is in the service of the city, county, or state, provided the law enforcement officer demonstrates by sufficient evidence that he or she was exposed, while in the employ of the city, county, or state to a known carcinogen which is reasonably linked to the disabling cancer, unless the employing entity demonstrates by sufficient evidence that the cancer may have been caused by some other means.

e. HIV which manifests itself in a law enforcement officer during the period in which the law enforcement officer is in the service of the city, county, or state, provided the law enforcement officer demonstrates by sufficient evidence that he or she was exposed to HIV while in the line and scope of his or her employment with the employing entity unless the employing entity demonstrates by sufficient evidence that the HIV may have been caused by some other means.

f. Hepatitis which manifests itself in a law enforcement officer during the period in which the law enforcement officer is in the service of the city, county, or state, provided the law enforcement officer demonstrates by sufficient evidence that he or she was exposed to hepatitis while in the line and scope of his or her employment with the employing entity unless the employing entity demonstrates by sufficient evidence that the hepatitis may have been caused by some other means.
Ala. Code § 36-18-28 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-28
Section 36-18-28 Penalties
Status: in_force

(a) A person who by virtue of employment or official position has possession of, or access to, individually identifiable DNA information indexed or otherwise contained in the DNA database system of the Alabama Department of Forensic Sciences and who knowingly and willfully discloses such information in any manner to any person or agency not entitled to receive it shall be guilty of a Class C felony.

(b) A person who without authorization knowingly and willfully obtains DNA samples or any individual identifiable DNA information indexed or contained in the DNA database system of the Alabama Department of Forensic Sciences shall be guilty of a Class C felony.

(c) A person who shall conspire to commit a violation of subsections (a) or (b) shall be guilty of a Class C felony.
Ala. Code § 36-26-12 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-12
Section 36-26-12 Preparation, Etc., of Pay Plan for Employees in State Service
Status: in_force

After consultation with appointing authorities and the state fiscal officers, the director shall prepare and recommend to the board a pay plan for all employees in the state service. Such pay plan shall include for each class of positions a minimum and a maximum rate and such intermediate rates as the director considers necessary or equitable. In establishing such rates the director shall give consideration to the experience in recruiting for positions in the state service, the prevailing rates of pay for the services performed and for comparable services in public and private employment, living costs, maintenance or other benefits received by employees and the state’s financial condition and policies. Such pay plan, after adoption by the board, shall be submitted to the Governor, who shall have the power to revise or alter the plan. Such pay plan shall take effect when approved by the Governor. Amendments thereto may from time to time be made in the same manner. Each employee in the state service shall be paid at one of the rates set forth in the pay plan for the class of positions in which he is employed.
Ala. Code § 36-26-42 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-42
Section 36-26-42 Representation of Department in Judicial Proceedings
Status: in_force

If this article or its enforcement by the director or the board shall be called into question in any judicial proceeding or if any person shall fail or refuse to comply with the lawful orders or directions of the board, such board or the director may call upon the Attorney General or may, with the advice and consent of the Governor, employ independent counsel to represent it in sustaining this article and its enforcement thereof, and such independent counsel shall be paid as other employees of the department are paid.
Ala. Code § 36-32-4 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-4
Section 36-32-4 Meetings; Seal; Quorum
Status: in_force

The commission shall meet in regular session quarterly at a time and place in the State of Alabama to be designated in its bylaws. Special meetings may be called by the chairman, the vice-chairman or any three members by giving notice of the time, place and purpose of such special meeting at least five days before it is to be held, to each member of the commission. Such notice may be waived by all members of the commission, either before or after a special meeting. The commission shall adopt an official seal and the executive director shall be custodian of the seal and shall have authority to affix the seal to agreements and obligations of the commission. A quorum shall be a majority of the commission members. The Governor shall summon the commission to its first meeting.
Ala. Code § 36-21-60 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-60
Section 36-21-60 Definitions
Status: in_force

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

(1) ALABAMA SHERIFF’S ASSOCIATION. The Alabama Sheriff’s Association, as now or hereafter constituted.

(2) ASSOCIATION. The Alabama Peace Officers’ Association, as now or hereafter constituted.

(3) ASSOCIATION OF CHIEFS OF POLICE. The Alabama Association of Chiefs of Police, as now or hereafter constituted.

(4) BOARD. The board of commissioners of the fund and any successors thereto.

(5) EXECUTIVE DIRECTOR. The executive director of the board.

(6) FUND. The Alabama Peace Officers’ Annuity and Benefit Fund created in Section 36-21-66.

(7) MEMBER. Any peace officer who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article to be paid by him.

(8) MEMBERSHIP SERVICE. The period of employment of a member as a peace officer from the date he or she becomes a member.

(9) MONTH. A period of 30 days.

(10) ORDER. The Fraternal Order of Police.

(11) PEACE OFFICER. A person duly sworn as a peace officer of the State of Alabama possessing powers of arrest and employed by the state, any political subdivision thereof, or any municipal corporation therein who is required by the terms of employment, whether the employment exists by virtue of election or appointment, to give full time to the preservation of public order and the protection of life or property or the detection of crime in the state. The term shall include enforcement officers for conservation laws, full-time coroners, and any pardon, parole, or probation officer, but shall not include any district attorney, assistant district attorney, assistant attorney general, commissioner, deputy commissioner, or any municipal inspector, county inspector, or state inspector.

(12) PRIOR SERVICE. The period of employment of a member as a peace officer from the time of initial employment as a peace officer to September 12, 1969.

(13) QUALIFIED SERVICE. The prior service plus membership service of a member.

(14) STATE. The State of Alabama.

(15) STATE POLICE ASSOCIATION. The Alabama State Police Association, as now or hereafter constituted.

(16) STATE TROOPER ASSOCIATION. The Alabama State Trooper Association, Inc., as now or hereafter constituted.

(17) YEAR. A period of 365 days. The last year of employment as a peace officer when over six months of membership service shall constitute a year toward service retirement.
Ala. Code § 36-9-4 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-4
Section 36-9-4 Vacation of Office of Judge of Court of Record by Acceptance of Another Office
Status: in_force

The judge of a court of record vacates his judicial office by the acceptance of another office, state, county or municipal.
Ala. Code § 36-6-160 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-160
Section 36-6-160 Persons Eligibile
Status: in_force

Beginning with the first pay day on or after October 1, 2023, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
Ala. Code § 36-26A-3 — Alabama Code / Title 36 / Chapter 26A / Section 36-26A-3
Section 36-26A-3 Discharge for Reporting Violation of Law Prohibited
Status: in_force

A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a state employee regarding the state employee’s compensation, terms, conditions, or privileges of employment if the state employee, reports, under oath or in the form of an affidavit, a violation of a law, a regulation, or a rule, promulgated pursuant to the laws of this state, or a political subdivision of this state, to a public body.
Ala. Code § 36-27-29 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-29
Section 36-27-29 Admissibility in Evidence of Photo-Reproduced Copies of Records or Documents Maintained by System
Status: in_force

Official copies of records or documents maintained on microfilm, microfiche or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters, provided the Secretary-Treasurer of the Employees’ Retirement System of Alabama certifies on such copies offered into evidence that the Employees’ Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.
Ala. Code § 36-18-5 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-5
Section 36-18-5 Continued Employment of Certain Employees
Status: in_force

All present employees of the office of State Toxicologist (State Department of Toxicology and Criminal Investigation) shall remain in their respective positions and continue to enjoy employment conditions, including, but not limited to, salary range and advancement at a level no less than those enjoyed prior to May 28, 1980. However, nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law.
Ala. Code § 36-27-127 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-127
Section 36-27-127 Persons Receiving Medicaid
Status: in_force

Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
Ala. Code § 36-21-3 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-3
Section 36-21-3 Lump-Sum Payments for Service of State, Etc., Law Enforcement Officers, Etc
Status: in_force

(a) Each law enforcement officer and all police communications officers employed by the State of Alabama, including law enforcement officers of the Department of Industrial Relations and the Department of Revenue, and including State Fire Marshals, shall be entitled to and receive in a lump sum the first pay period of December each year the sum of $300.00 per annum after said employee has total service for a period of five years and shall receive said payment until the tenth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $400.00 per annum until the fifteenth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $500.00 per annum until the twentieth year of service, at which time the payment shall be made in a like manner and at a like time but in the amount of $600.00 as long as he remains in service.

(b) All policemen in cities having a population of not less than 60,000 nor more than 130,000, and in cities having not less than 9,400 nor more than 9,900 inhabitants, according to the most recent federal census, shall be considered law enforcement officers under the provisions of this section; provided, that such policemen shall be paid out of city funds.

(c) All deputy sheriffs in counties having a population of not less than 115,000 nor more than 150,000 inhabitants according to the most recent federal census shall be considered law enforcement officers under the provisions of this section; provided, that such deputy sheriffs shall be paid out of county funds.

(d) The payments provided for in this section shall be in addition to all salaries or wages prescribed by the merit classification system and shall be in addition to any per diem allowances or expense allowances that may be in force at the time of payment. Said sum shall not be used in computing retirement or other benefits.
Ala. Code § 36-20-2 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-2
Section 36-20-2 Vacation of Office by Removal from County
Status: reserved

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
Ala. Code § 36-32-12 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-12
Section 36-32-12 Powers and Duties of Municipal Governments
Status: in_force

Except as expressly provided in this chapter, nothing contained in this chapter shall be deemed to limit the powers, rights, duties and responsibilities of municipal governments, nor to affect other laws now in effect.
Ala. Code § 36-26-105 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-105
Section 36-26-105 Transfer of Employee - Authorized
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-21-55 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-55
Section 36-21-55 Definitions
Status: in_force

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

(1) DISCIPLINARY ACTION. Any formal corrective action resulting in a recommendation of reprimand, suspension, or termination based on a use of force complaint, as defined in this section, or investigation, and which is deemed final after the conclusion of any and all appeals or avenues of appellate review in the underlying disciplinary proceeding.

(2) LAW ENFORCEMENT AGENCY. A state department, sheriff, municipal police department, or any other agency or entity employing or appointing law enforcement officers located within the state.

(3) LAW ENFORCEMENT OFFICER. An officer employed or appointed by the state or a sheriff or municipality who is certified by the Alabama Peace Officers’ Standards and Training Commission and who has the power of arrest.

(4) REASSIGNMENT FOR CAUSE. The decision of a law enforcement agency to modify a law enforcement officer’s assignment, job responsibilities, title, or compensation, in response to a use of force complaint, as defined in this section, or investigation that causes a law enforcement agency to deem the reassignment of a law enforcement officer necessary.

(5) REPORTABLE OFFENSE. Any disciplinary action, reassignment for cause, reportable separation, or use of force complaint, as defined in this section, filed against a law enforcement officer.

(6) REPORTABLE SEPARATION. The separation of a law enforcement officer from a law enforcement agency, including a resignation pending investigation, a resignation agreed upon by the law enforcement officer and the law enforcement agency after the filing of a complaint, or a resignation during an open investigation involving the law enforcement officer.

(7) USE OF FORCE COMPLAINT. A signed written complaint, alleging the use of excessive force or excessive physical force by a law enforcement officer, that has been investigated and determined to be valid and deemed final after the conclusion of all appeals or avenues of appellate review in the underlying disciplinary proceeding.
Ala. Code § 36-27-96 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-96
Section 36-27-96 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
Status: in_force

Commencing October 1, 1993, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase in the amount of one half the amount provided by the formula in Section 36-27-94. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the amount the retiree has attained using the formula provided in Section 36-27-94, reduced by the retiree’s option election factor.
Ala. Code § 36-25-24 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-24
Section 36-25-24 Supervisor Prohibited from Discharging or Discriminating Against Employee After Employee Reports Violation
Status: in_force

(a) A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a public employee regarding the employee’s compensation, terms, conditions, or privileges of employment based on either the employee’s reporting a violation or what he or she believes in good faith to be a violation of this chapter, or the employee’s giving truthful statements or truthful testimony concerning an alleged ethics violation, regardless of whether the employee filed the complaint.

(b) Nothing in this chapter shall be construed in any manner to prevent or prohibit or otherwise limit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a public employee’s employment so long as the disciplinary action does not result from or is in no other manner connected with the public employee’s filing a complaint with the commission, giving truthful statements, or truthfully testifying in an ethics investigation .

(c) No public employee shall file a complaint or otherwise initiate action against a public official or other public employee without a good faith basis for believing the complaint to be true and accurate.

(d) A supervisor who is alleged to have violated this section shall be subject to civil action in the circuit courts of this state pursuant to the Alabama Rules of Civil Procedure as adopted by the Alabama Supreme Court.

(e) A public employee who without a good faith belief in the truthfulness and accuracy of a complaint filed against a supervisor, shall be subject to a civil action in the circuit courts in the State of Alabama pursuant to the Alabama Rules of Civil Procedure as adopted by the Supreme Court. Additionally, a public employee who without a good faith belief in the truthfulness and accuracy of a complaint as filed against a supervisor shall be subject to appropriate and applicable personnel action.

(f) Nothing in this section shall be construed to allow a public employee to file a complaint to prevent, mitigate, lessen, or otherwise to extinguish existing or anticipated personnel action by a supervisor. A public employee who willfully files such a complaint against a supervisor shall, upon conviction, be guilty of the crime of false reporting.
Ala. Code § 36-19-2 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-2
Section 36-19-2 Powers and Duties of Fire Marshal, Deputies and Assistants Generally
Status: in_force

The Fire Marshal and his duly appointed deputies and assistants shall have the specific duty of enforcing the laws, regulations and ordinances of the state and the provisions of this article throughout the state in matters relating to:

(1) Prevention of fires;

(2) Storage, sale and use of combustibles and explosives;

(3) Installation and maintenance of automatic and other fire alarm systems and fire extinguishing equipment;

(4) Construction, maintenance and regulation of fire escapes;

(5) The means and adequacy of exits in case of fire from factories, asylums, hospitals, churches, schools, halls, theaters, amphitheaters and all other places in which numbers of persons live, work or congregate from time to time for any purpose or purposes;

(6) Suppression of arson, and the investigation of the cause, origin and circumstance of fires.

The Fire Marshal, his deputies and assistants shall have such other powers and perform such other duties as set forth in other sections of this article and as may be conferred and imposed upon them from time to time by the laws of this state.
Ala. Code § 36-26-21 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-21
Section 36-26-21 Working Test Period for Employees; Removal During Test Period; Notification as to Continuation of Employee in Position Prior to Expiration of Test Period; Restoration to Eligibility, Etc., List of Employees Removed During or at Expiration of Test Period
Status: in_force

(a) Every person appointed to a position in the classified service after certification of his name from a promotion list or an employment list shall be tested by a working test while occupying such position. The period of such working test shall commence immediately upon appointment and shall continue for such time, not less than six months, as shall be established by the director. At such times during the working test period and in such manner as the director may require, the appointing authority shall report to the director his observation of the employee’s work and his judgment of the employee’s willingness and ability to perform his duties satisfactorily and as to his habits and dependability.

(b) At any time during his working test period, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that such employee is unable or unwilling to perform his duties satisfactorily or that his habits and dependability do not merit his continuance in the service. Upon such removal, the appointing authority shall forthwith report to the director and to the employee removed his action and the reason thereof. No more than three employees shall be removed successively from the same position during their working test periods without the approval of the director. The director may remove an employee during his working test period if he finds, after giving him notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.

(c) Ten days prior to the expiration of an employee’s working test period, the appointing authority shall notify the director in writing whether the services of the employee have been satisfactory and whether he will continue the employee in his position. A copy of such notice shall be given to the employee. No employee shall be paid for work performed after the expiration of his working test period unless, prior to the performance of such work, the appointing authority has notified the director that the employee will be continued in his position.

(d) If any employee is removed from his position during or at the end of his working test period and the director determines that he is suitable for appointment to another position, his name may be restored to the list from which it was certified. If any such employee was a regular employee in another position in the classified service immediately prior to his appointment, his name shall be placed on the reemployment list for the class of the position in which he was a regular employee.
Ala. Code § 36-32-2 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-2
Section 36-32-2 Creation and Composition; Appointments and Terms; Vacancies; Adoption of Bylaws
Status: in_force

(a) The Alabama Firefighters’ Personnel Standards and Education Commission shall consist of nine members, each of whom shall be a qualified elector of the state who is over 18 years of age. The Professional Firefighters Association of Alabama shall appoint one certified firefighter to serve for a term of four years; the Alabama Firefighter’s Association shall appoint one certified firefighter to serve for a term of four years; the Alabama Association of Fire Chiefs shall appoint one certified firefighter to serve for a term of four years; the Alabama Association of Volunteer Fire Departments shall appoint one certified volunteer firefighter to serve for a term of four years; the Presiding Officer of the Senate shall appoint one certified firefighter who is experienced in the mentorship and training of aspiring firefighters to serve for a term of four years; the Presiding Officer of the Senate shall appoint one certified volunteer firefighter who is experienced in the mentorship and training of aspiring volunteer firefighters to serve for a term of four years; the state Fire Marshal or his or her designee shall serve as a member; the Lieutenant Governor shall appoint one member; and the Governor shall appoint one member. The members appointed by the Lieutenant Governor and the Governor shall each serve for terms of four years.

(b) Should a vacancy occur during the term of a commission member, the original appointing authority shall appoint a replacement to serve for the remainder of the term. Each appointee shall be confirmed by the Senate before the appointee becomes a member of the commission. Except for the state Fire Marshal, no commissioner who is then serving on the commission or whose term has just expired shall be required to be reconfirmed for a new term. Each member of the commission shall serve until his or her successor is confirmed by the Senate. If the Senate rejects the appointee, the appointing authority shall make a replacement appointment. No commissioner may serve more than two consecutive terms.

(c) The members may adopt bylaws to govern the organization of the commission, its meetings, and activities, provided that the bylaws shall not conflict with this chapter.

(d) The appointing authorities shall coordinate their appointments to assure that the membership of the commission is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
Ala. Code § 36-14-6 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-6
Section 36-14-6 Disposal of Certain Books, Acts, Codes, Etc. - Authorized; Restrictions
Status: in_force

The Secretary of State may dispose of, as may be deemed most expedient, all acts, journals, codes, department reports, and all other books in his or her custody; provided, that five copies of each series of the acts, five copies of the journal of each session of the House and Senate, and five copies of the codes shall be preserved and kept in the custody of the Secretary of State.
Ala. Code § 36-27B-4 — Alabama Code / Title 36 / Chapter 27B / Section 36-27B-4
Section 36-27B-4 Group Life Insurance Authorized as Death Benefit
Status: in_force

The Boards of Control are authorized to take such action as may be necessary to provide the death benefit under this section in the form of group life insurance upon determination that to do so would guarantee a more favorable tax treatment to the beneficiaries to whom such benefit is payable.
Ala. Code § 36-13-1 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-1
Section 36-13-1 Oath of Office
Status: in_force

The oath required by Article 16, Section 279 of the Constitution of this state may be administered to the Governor by the presiding officer of either house of the Legislature or by any officer authorized by law to administer an oath at any place in this state.
Ala. Code § 36-29-17 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-17
Section 36-29-17 Election by Employees and Officers of Alabama Sports Hall of Fame Board to Receive Coverage
Status: in_force

(a) Notwithstanding the provisions of Section 36-29-1, an employee or executive officer of the Alabama Sports Hall of Fame Board and his or her dependents shall be eligible for coverage under the State Employees’ Health Insurance Plan and upon the expiration of the employment may continue the coverage for a maximum of 36 months.

(b) Preexisting conditions shall not be covered until the insured has been covered under the plan for a period of 12 months. An employee enrolling within 30 days of August 7, 1995 or within 30 days of the beginning of a calendar year thereafter shall not be subject to this limitation of benefits. A preexisting condition is a condition for which the insured or their covered dependent received medical treatment, advice, or consultation, or received a prescribed medication within 12 months of the effective date of the insured’s coverage under the plan.

(c) The premiums for the insurance coverage for employees, executive officers, and their dependents shall be paid pursuant to Section 36-29-7. For those purposes, the Alabama Sports Hall of Fame shall be the employer.

(d) The State Employees’ Insurance Board shall promulgate rules and regulations required for the effective administration of this section.
Ala. Code § 36-4-2 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-2
Section 36-4-2 Oaths Required to Be Filed with Secretary of State and Auditor
Status: in_force

Such oaths must, when taken by the Governor, any judge of the Supreme Court, judge of the Court of Civil Appeals and the Court of Criminal Appeals, judge of the circuit court, Auditor, Treasurer, Attorney General, district attorney or any other officer whose general duties are not limited to any one county, unless it is otherwise provided, be filed with the certificate required by Section 36-4-1 in the office of the Secretary of State and, when taken by the Secretary of State, must be filed with such certificate in the office of the Auditor.
Ala. Code § 36-21-68 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-68
Section 36-21-68 Eligibility for Membership; Application and Fees
Status: in_force

Nothing in this article shall be construed as requiring that any member of the fund become a member of the association or the order, or that any member of the association or the order become a member of the fund.

Each peace officer who becomes a member shall pay to the fund a regular fee in an amount of up to forty dollars ($40) to be determined by the Board of Commissioners based upon the recommendation of the actuary, to be paid on or before the tenth calendar day of each month so long as he or she is a member or until he or she becomes entitled to benefits hereunder. A member who has 30 years of qualified service in the fund and having met all other requirements of the law and thereby having earned maximum benefits provided will no longer be required to make monthly contributions for his or her membership and will retain all of the rights and privileges as provided any other member.

All applicants for membership must join the fund with the initial fee as determined by the board based on the recommendation of the actuary and a monthly fee set by the board in the same manner as long as they maintain their membership, with no regard given for law enforcement service prior to the date of application.

If any member shall not pay the monthly fee for 60 days after its due date, the board shall give him or her notice of termination of his or her membership in the fund and of his or her right to a refund and unless he or she makes application for a refund pursuant to Section 36-21-74 within 60 days after the mailing of the notice, all amounts heretofore paid by him or her to the fund shall be returned to him or her in accordance with Section 36-21-74. Any member so terminated who later applies for membership in the fund shall lose credit for all of his or her qualified service up to the time of such termination and, upon approval of his or her new application, will become a new member in the fund.
Ala. Code § 36-13-33 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-33
Section 36-13-33 Expenditures Limited to Appropriations
Status: in_force

The expenditures from said Governor’s Contingency Fund shall be limited to the amount appropriated thereto by the Legislature.
Ala. Code § 36-6-33 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-33
Section 36-6-33 Prohibition from Receiving Merit Raise or Special Raise
Status: in_force

Any employee who receives the eight percent salary increase provided for in Section 36-6-30 shall be prohibited from receiving a merit raise or special raise during the fiscal year 1994-95.
Ala. Code § 36-9-7 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-7
Section 36-9-7 Proceedings Upon Occurrence of Vacancy in Office of United States Senator - Temporary Appointment of Senator
Status: in_force

The Governor may make temporary appointment of a senator in the Senate of the Congress of the United States from Alabama whenever a vacancy exists in that office, the appointee to hold office until his successor is elected and qualified.
Ala. Code § 36-27-6.4 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-6.4
Section 36-27-6.4 Purchase of Credit for Prior Service with the Oxford Emergency Medical Services, Inc
Status: in_force

(a) Any active and contributing member of the Oxford Emergency Medical Services, Inc., that participates in the Employees’ Retirement System under Section 36-27-6, may purchase prior non-qualified service for employment rendered to Oxford Emergency Medical Services before July 14, 2009, as permitted by the IRC Section 415(n)(3)(B). Currently, under federal law the employee must have five or more years of creditable service in the Employees’ Retirement System prior to purchasing up to five years’ non-qualified service.

(b) No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(c) Any member who is eligible to purchase service credit shall furnish to the Secretary-Treasurer of the Employees’ Retirement System the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(d) Any year of service purchased under the provisions of this section shall not be considered in determining the out-of-pocket premium amount charged to retirees under the provisions of Section 16-25A-8.1 or Section 36-29-19.7. Also, any service purchased under this section shall not entitle a member to be eligible for benefits under either the PEEHIP or SEIB any earlier than the member could have reached eligibility under the plan without the service purchased under the provisions of this section.
Ala. Code § 36-36-11 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-11
Section 36-36-11 Racial and Ethnic Diversity
Status: in_force

All personnel employed and vendors hired by contract with funds available to the trusts and trustees under the provisions of subdivision (4) of subsection (b) of Section 36-36-5 shall reflect the racial and ethnic diversity of the state.
Ala. Code § 36-25-30 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-30
Section 36-25-30 Construction of Chapter
Status: in_force

This chapter shall be construed in pari materia with other laws dealing with the subject of ethics.
Ala. Code § 36-6-162 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-162
Section 36-6-162 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-27-94 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-94
Section 36-27-94 Amount of Increase - Persons Other Than Persons Whose Employer Participated in Employees’ Retirement System; Certain Beneficiaries
Status: in_force

(a) Commencing October 1, 1993, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1992, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase determined by computing the sum of the following three factors:

(1) One and twenty-eight hundredths percent of the individual’s current monthly benefit, including all previous increases.

(2) One dollar and twenty-eight cents for each year of creditable service in covered employment prior to retirement.

(3) One dollar and twenty-eight cents for each year since the effective date of retirement or the date of death in the case where the employee dies prior to retirement.

Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected.

(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7 and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1992, shall receive the cost-of-living increase in the amount attained by the retiree reduced by the retiree’s option election factor.
Ala. Code § 36-21-212 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-212
Section 36-21-212 Disclosure of Recordings
Status: in_force

(a) Recordings in the custody of a law enforcement agency shall be disclosed to an individual or personal representative only as provided by this article. This article does not apply to the exchange of recordings between law enforcement or prosecuting agencies. An individual requesting disclosure of a recording must make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers.

(b) Nothing in this article shall limit or restrict the application of the Alabama Rules of Civil Procedure as they may be applied to the custodial law enforcement agency, including, but not limited to Rule 45, nor Chapter 21 of Title 12.

(c) A custodial law enforcement agency may only disclose a recording to the following:

(1) An individual whose image or voice is the subject of the recording.

(2) A personal representative of an adult individual whose image or voice is the subject of the recording if the adult individual has consented to the disclosure.

(3) A personal representative of a minor whose image or voice is the subject of the recording.

(4) A personal representative of an adult individual under lawful guardianship whose image or voice is the subject of the recording.

(5) A personal representative of an adult individual who is incapacitated and unable to provide consent to disclosure whose image or voice is the subject of the recording.

(6) A personal representative of a deceased individual whose image or voice is the subject of the recording.

(d) When disclosing a recording, the custodial law enforcement agency shall disclose only those portions of the recording that are relevant to the individual’s request.

(e) An individual who receives disclosure pursuant to this section shall not record or copy the recording.
Ala. Code § 36-14-11 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-11
Section 36-14-11 Acts and Resolutions of Legislature - Distribution to Departments, Officers, Courts, Etc.; Electronic Storage and Distribution
Status: in_force

(a) The Secretary of State shall retain for the use of the executive offices and the two houses of the Legislature the number of copies of all volumes of the acts and resolutions of each session necessary to provide for distribution pursuant to law. The Secretary of State shall transmit to the Department of State of the United States two copies of each volume, and distribute to the Governor, Treasurer, Auditor, Superintendent of Education, Commissioner of Agriculture and Industries, State Health Officer, Adjutant General, the Department of Corrections, President and each Associate Commissioner of the Public Service Commission, Commissioner of Conservation and Natural Resources, Department of Revenue, Clerk of the Supreme Court, Secretary of the Senate, and Clerk of the House of Representatives two copies of each volume, to the Attorney General and Secretary of State, three copies, to the Department of Archives and History, five copies, to the Chief Examiner of the Department of Examiners of Public Accounts, 40 copies, and to the President of the University of Alabama, for the law department, 8 copies of each volume, and to each judge of the Supreme Court, Court of Civil Appeals, Court of Criminal Appeals, circuit court, district attorney, United States District Judge, and United States Attorney in this state one copy of each volume, and to the Supreme Court Library, 11 copies of each volume, and to the Department of Justice of the United States, one copy of each volume, and to the United States Circuit Court of Appeals for the Eleventh Circuit, one copy of each volume, and to the Librarian of Congress at Washington, for the purpose of copyright, two copies of each volume, and to the University of Alabama, for the Land Commissioner, the University of Montevallo, each normal school in the state, Auburn University, and to each district agricultural school in the state, one copy of each volume. Any department, officer, or court named in this section may reduce or refuse the allocation of acts upon written request to the Secretary of State.

(b)(1) In lieu of binding and distributing copies of each volume of acts and resolutions as required under subsection (a), the acts and resolutions may be stored in electronic format and distributed by electronic means, including the posting of the acts and resolutions on the public website of the Secretary of State.

(2) If the Secretary of State elects to distribute copies of each volume of acts and resolutions by electronic means as provided in subdivision (1), he or she may provide written notice by regular mail to all recipients as soon as practicable.
Ala. Code § 36-27A-1 — Alabama Code / Title 36 / Chapter 27A / Section 36-27A-1
Section 36-27A-1 Legislative Intent
Status: in_force

It is the intent of the Legislature to make available to the public employees and officials of the State of Alabama, or any political subdivision thereof, a public employees’ individual retirement account plan and/or any other tax avoidance or deferral plan permitted by federal law, so as to enable said persons to conveniently and economically receive the fullest benefits offered by federal tax law as it relates to tax deferred savings plans for public employees covered by a mandatory public retirement plan.
Ala. Code § 36-27-58 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-58
Section 36-27-58 Purchase of Credit for Time on Maternity Leave
Status: in_force

(a) Notwithstanding any other laws, an active and contributing member of the Employees’ Retirement System may purchase service credit in the system not to exceed one year for any period of time while he or she was on maternity leave from service without pay. The Board of Control of the Employees’ Retirement System shall adopt rules and regulations for the administration of this section including verification of the service that the member desires to purchase credit for in the system. The member shall receive credit for the service when he or she remits to the system the contributions required by subsection (b). Notwithstanding the foregoing language, no member of the Employees’ Retirement System shall be eligible to receive credit for any period of time that the member is already credited with in the system or in any other retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit in the Employees’ Retirement System under subsection (a) shall pay to the Secretary-Treasurer of the system, prior to October 1, 2000, for the claimed service, a sum equal to the full actuarially required cost for each year of service credit purchased as determined by the actuary for the system.

(c) Subsequent to October 1, 2000, any member claiming service credit under the provisions of this section shall claim and purchase the service credit no later than June 30 of the year immediately following the expiration of the maternity leave.
Ala. Code § 36-6-90 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-90
Section 36-6-90 Persons Eligible
Status: in_force

Beginning with the first payday on or after October 1, 2005, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-91, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a six percent salary increase.
Ala. Code § 36-25A-10 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-10
Section 36-25A-10 Limitation Period
Status: in_force

An action under this chapter must be brought within 60 days of the date that the plaintiff knew or should have known of the alleged act which brings rise to the cause of action; provided, however, that any action under this chapter must be brought within two years of the alleged act which brings rise to the cause of action.
Ala. Code § 36-25-12 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-12
Section 36-25-12 Offering, Soliciting, Etc., Thing of Value to or by Member of Regulatory Body
Status: in_force

No person shall offer or give to a member or employee of a governmental agency, board, or commission that regulates a business with which the person is associated, and no member or employee of a regulatory body, shall solicit or accept a thing of value while the member or employee is associated with the regulatory body other than in the ordinary course of business. In addition to the foregoing, the Commissioner of the Department of Agriculture and Industries and any candidate for the office of commissioner may not accept a campaign contribution from a person associated with a business regulated by the department.
Ala. Code § 36-6-141 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-141
Section 36-6-141 Inapplicability to Certain Employees
Status: in_force

(a) Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or to any other local employee whose salary is tied to that of any state employee.

(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
Ala. Code § 36-9-13 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-13
Section 36-9-13 Resignation of Constables
Status: in_force

The resignation of constables must be transmitted to the judge of probate of the county in which the office may have been held, and the judge of probate must thereupon notify the Governor.
Ala. Code § 36-27-172 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-172
Section 36-27-172 Relation to Federal Law
Status: in_force

At no time shall any provision or implementation of such provision pertaining to DROP be contrary to the rules and regulations of the federal law governing governmental plans. DROP is intended to operate in accordance with Section 415 and other applicable sections of the United States Internal Revenue Code. Any provision herein found in conflict with an applicable provision of the Internal Revenue Code shall be null and void. The Employees’ Board of Control is hereby authorized to interpret this article so as to achieve compliance with any applicable provisions of the United States Internal Revenue Code.
Ala. Code § 36-19-30 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-30
Section 36-19-30 Recreational Park Trailers
Status: in_force

(a) For the purposes of this section, a “recreational park trailer” is a transportable unit that has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, may not exceed 400 square feet when constructed to ANSI A-119.5 standards. The length of a recreational park trailer means the distance from the exterior of the front of the body nearest to the drawbar and coupling mechanism to the exterior of the rear of the body at the opposite end of the body including any protrusions.

(b) Any recreational park trailer manufactured for sale in this state shall be constructed in compliance with ANSI A-119.5 standards for park trailers. A recreational park trailer shall be deemed to be constructed in compliance with ANSI A-119.5 standards if the manufacturer submits to independent third-party plant inspections to assure compliance. A recreational park trailer manufactured by a manufacturer that is subject to independent third-party inspections and which is eligible to bear the seal of the Recreational Park Trailer Industry Association certifying that the manufacturer is in compliance with the ANSI A-119.5, shall be considered to meet the requirements of this section. Any other third-party plant inspection program shall be approved by the State Fire Marshal.

(c) A recreational park trailer that meets the requirements of this section is not a mobile home or otherwise subject to regulation by the Manufactured Housing Commission.
Ala. Code § 36-17-3 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-3
Section 36-17-3 Duties Generally
Status: in_force

The powers, functions, and duties of the Treasurer shall be:

(1) To receive all moneys due the state and deposit them in the proper accounts.

(2) To perform the functions and duties now authorized by law with respect to state depositaries.

(3) To pay all warrants duly executed by the Comptroller, and to pay for funds electronically transferred by the Comptroller in accordance with Section 41-4-50, upon the determination that there is sufficient money for the payment thereof in the fund upon which they are drawn. No warrant executed by any other person shall be honored. All checks drawn on the state funds shall be signed by the Treasurer, or the chief clerk in the office, and countersigned by the special assistant in the office of the Treasurer, who is appointed by the Treasurer with the approval of the Governor. Another employee may be designated by the Treasurer, with the approval of the Governor, to countersign checks in the absence of the special assistant. These signatures must be originals or facsimiles created by a controlled check signing machine. No checks shall be honored unless so signed and countersigned.

(4) To take receipts for all payments, to file the receipts and warrants, to number them in chronological order for each fiscal year and to keep account of the receipts and expenditures of the public money.

(5) To particularly enter in his or her books the amounts of money he or she receives for taxes, licenses, or on any other account of the state, so that the net receipts of the whole revenue as well as of every branch thereof and the amounts of disbursements shall distinctly appear.

(6) To give information, in writing, to the Legislature or either house thereof or to the Governor when required, reporting all matters pertaining to his or her office.

(7) To pay the principal and interest on the state debt and for the purpose of paying the interest on the bonded indebtedness of the state, and it is his or her particular duty to conform in all respects to the requirements of the law as set forth in this chapter.

(8) To have the custody of, and keep safe, all moneys, bonds, and other securities held in any sinking fund for the payments of bonds of the state and to do and perform the other duties with reference to state bonds and their redemption as are now, or may be, required by law.

(9) To have the custody of, and to keep safe, all moneys, bonds, mortgages, and other securities required or permitted by law to be deposited with the state or any officer thereof, by any bank, trust company, insurance company, mutual aid or benefit association, or other person or corporation, and also all securities held by the state, including those held for the account of any sinking fund, including those heretofore in the custody of their sinking fund commission. All of the moneys, bonds, mortgages, and other securities shall be guarded at all times by a bonded officer or employee while in the office of the Treasurer and shall, upon receipt, be deposited in a burglarproof and fireproof vault by the Treasurer. Until the state shall have acquired an adequate burglarproof and fireproof vault, the combinations to which shall be known only to the Treasurer and adequately bonded employees, all of the bonds, mortgages, and other securities shall be kept in safety deposit boxes or vaults in one or more banks or trust companies approved for that purpose by the Treasurer. In any event, however, whether any vault shall have been acquired by the state or not, when requested by any depositor, the Treasurer may authorize the deposit of any money, bonds, mortgages, or other securities by the depositor with a bank or trust company in the State of Alabama to be held in its safety deposit boxes or vaults, which bank or trust company shall have been approved in advance by the Treasurer (“authorized institution”); provided that securities pledged to secure state funds may be held by an authorized institution a. in the vault of any bank insured by the Federal Deposit Insurance Corporation and located in a federal reserve bank city or b. through any clearing corporation which effects book-entry transfers of securities deposited with it. Any authorized institution accepting the deposits or holding the securities, either in its vault, safety deposit box, or through a bank or clearing corporation, shall have executed with the Treasurer a contract with respect to the safekeeping of the money, bonds, mortgages, or other securities, and the substitution therefor of other money, bonds, mortgages, or other securities. The contract shall be approved in writing by the depositor. When an authorized institution sends a written acknowledgment to the Treasurer that it holds, whether in its vault, safety deposit box, or through a bank or clearing corporation, securities for the state pursuant to a safekeeping contract, then at the time, for purposes hereof and for all purposes of the Alabama Commercial Code, Title 7, the state takes delivery of, is a holder of, and obtains a perfected security interest in the securities. Any charges in connection with the deposit shall be paid by the depositor. The Treasurer shall not be personally liable for the loss of money, bonds, mortgages, or other securities so deposited if he or she shall have used reasonable precaution in approving the authorized institution. When, in the opinion of the Governor, it is considered necessary, the Treasurer shall be required to give an additional bond in such a sum as is determined by the Governor, the premium thereon to be paid from the State Treasury.

(10) To serve as a member of the State Board of Adjustment and of the other boards and commissions of which he or she is by law made a member.

(11) To have access to all records and accounts relating to receipts and disbursements of the State Treasury in any other department, board, bureau, commission, agency, or office of the state, to enable him or her to better perform the functions and duties required of him or her by the constitution and laws of the state and protect himself or herself in the performance of those functions and duties.

(12) To make reports as are required by the constitution, which reports shall, however, be printed and bound with, and as a part of, the annual financial report of the state prepared by the Department of Finance and to make other reports as may be required by the Governor or the Legislature.

(13) To furnish to the Comptroller, on or before the tenth day of each month, a list of all outstanding warrants existing at the end of the month next preceding and from the beginning of the fiscal year as shown by the records of the Treasurer’s office.

(14) To take out security insurance for the safekeeping of bonds, robbery insurance, burglary insurance, or any other insurance as may be deemed necessary for the safeguarding of money and security, the premiums thereon to be paid from the State Treasury.

(15) To administer and enforce the provisions of the Uniform Disposition of Unclaimed Property Act, as codified under Chapter 12 of Title 35.

(16) To perform such other duties as are, or may be, by law required of him or her.
Ala. Code § 36-26-36.3 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-36.3
Section 36-26-36.3 Bereavement Leave
Status: in_force

(a) All persons who are regularly employed by the state, and who are subject to the provisions of the state Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, may be granted bereavement leave with pay for the death of a person related by blood, adoption, or marriage, or as otherwise provided for by the Alabama State Personnel Board. Bereavement leave may be granted only to an employee who does not have accrued sick leave available for such use.

(b) For any one occurrence, the bereavement leave shall not exceed three days.

(c) Any bereavement leave granted to an employee must be reimbursed to the state in the form of leave days, including sick leave, annual leave, and personal leave, within one calendar year of the use of the bereavement leave.

(d) In the event an employee leaves state service before repaying any bereavement leave used, he or she shall have the leave deducted from his or her final pay check.
Ala. Code § 36-6A-1 — Alabama Code / Title 36 / Chapter 6A / Section 36-6A-1
Section 36-6A-1 Short Title; Definitions
Status: in_force

(a) This chapter shall be known and may be cited as the Alabama Public Employee Paid Parental Leave Act of 2025.

(b) For the purposes of this chapter, the following terms have the following meanings unless otherwise indicated by context:

(1) APPLICABLE EMPLOYING AGENCY. A state entity, local education agency, or the Alabama Community College System or any of its institutions that employs an eligible employee.

(2) BASE PAY. The eligible employee’s current, ordinary rate of pay as reasonably determined by the applicable employing agency.

(3) ELIGIBLE EMPLOYEE. Any of the following:

a. A state employee who has been employed in any of the following categories for at least 12 consecutive months immediately preceding the occurrence of a qualifying event:

1. Legislative personnel, officers, and employees, including personnel, officers, and employees of the Legislative Services Agency, as set forth in Section 36-6-1(a)(2).

2. Court officials and employees of the Unified Judicial System as set forth in Section 36-6-1(a)(3).

3. Employees of the Administrative Office of Courts as set forth in Section 36-6-1(a)(4).

4. Hourly personnel considered to be permanent employees as set forth in Section 36-6-1(a)(5).

5. Members of the unclassified service as set forth in Section 36-26-10(c) or any employees otherwise designated unclassified by law.

6. Members of the classified service as set forth in Section 36-26-10(d).

7. Members of the exempt service as set forth in Section 36-26-10(b)(3),(b)(8), (b)(10), and (b)(11), and any member of the exempt service who accrues leave pursuant to an authorizing statute.

b. A certified or noncertified employee of a local education agency who has been employed by any local education agency in this state for at least 12 consecutive months immediately preceding the occurrence of a qualifying event. For the purposes of this chapter, the term “local education agency” includes the Board of Trustees of the Alabama Institute for Deaf and Blind.

c. An employee of the Alabama Community College System or any of the educational institutions under its authority and control, who has been employed by the system or an educational institution for at least 12 consecutive months immediately preceding the occurrence of a qualifying event.

(4) HEALTHCARE PROFESSIONAL. A physician, physician assistant, nurse practitioner, or midwife who is licensed to practice in his or her respective field in the State of Alabama.

(5) MISCARRIAGE. The loss of an unborn child at or after twelve weeks gestation which is confirmed in writing by a healthcare professional. The term does not include an abortion as defined in Section 26-23H-3 unless the abortion is necessary to prevent a serious health risk to the unborn child’s mother as permitted under Section 26-23H-4.

(6) PARENTAL LEAVE. Paid leave provided to an eligible employee in connection with a qualifying event pursuant to this chapter.

(7) QUALIFYING EVENT. Any of the events that entitle an eligible employee to parental leave pursuant to Section 36-6A-2.

(8) STILLBIRTH. The loss of an unborn child at or after 20 weeks gestation which is confirmed in writing by a healthcare professional. The term does not include an abortion as defined in Section 26-23H-3 unless the abortion is necessary to prevent a serious health risk to the unborn child’s mother as permitted under Section 26-23H-4.
Ala. Code § 36-29-10 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-10
Section 36-29-10 Election by Retired Employees to Continue Coverage; Payment of Premiums
Status: in_force

(a) Employees covered under the plan who retire from active service before January 1, 2012, and begin receiving monthly benefits from the Employees’ Retirement System of Alabama, Judicial Retirement System of Alabama, or from the Teachers’ Retirement System of Alabama may elect to continue coverage under the plan by consenting to have the employee contribution deducted from their monthly benefit payment for coverage of such retired employees.

(b) Employees covered under the plan who retire from active service after December 31, 2011, with at least 10 years of creditable coverage and begin receiving monthly benefits from the Employees’ Retirement System of Alabama, Judicial Retirement System of Alabama, or the Teachers’ Retirement System of Alabama may elect to continue coverage under the plan by consenting to have the employee contribution deducted from their monthly benefit payment for coverage of such retired employees.

(c) The premiums so deducted shall be transmitted monthly to the board. Notwithstanding the foregoing provisions no person otherwise eligible for coverage under the plan shall be denied participation therein, for the reason that such person is precluded from having the cost of his or her coverage deducted from a monthly benefit payment.

(d) The board shall adopt such rules and regulations as they deem appropriate and necessary for carrying out the provisions of this section.
Ala. Code § 36-26-36.2 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-36.2
Section 36-26-36.2 Donation of Leave; Implementation
Status: in_force

(a)(1) Annual leave, compensatory leave, and sick leave donation programs for catastrophic illnesses or family leave of qualified state employees shall provide for donations of leave to occur between all state employees employed in the Executive, Legislative, and Judicial Branches of state government.

(2) For purposes of this subsection only, “family leave” means maternity or adoption leave pursuant to rules of the State Personnel Board.

(b) The personnel departments of all branches of state government shall coordinate efforts to adopt and implement the administrative rules and procedures necessary to implement this section.
Ala. Code § 36-1-4.1 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-4.1
Section 36-1-4.1 Payroll Deductions for Local United Way, Etc.; Definitions; Procedures; List of Organizations Exclusive
Status: in_force

Rrepealed by Acts 1991, No. 91-561, p. 1037, § 8, effective July 1, 1992.
Ala. Code § 36-29-19.3 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-19.3
Section 36-29-19.3 Surcharge on Smokers; Changes in Contributions
Status: in_force

A surcharge on smokers and users of tobacco products shall be added to the employee and retiree contribution by the board to be effective October 1, 2005.
Ala. Code § 36-11-15 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-15
Section 36-11-15 Appeals to Supreme Court from Judgment of Circuit Court - Authorization and Procedure Generally
Status: in_force

From any final judgment or decision entered by any circuit court in proceedings under this chapter, an appeal shall lie to the Supreme Court in favor of the unsuccessful party. Notice of appeal must be filed within 42 days after the judgment is entered. Notices of appeal shall be given as in other cases. Such appeal shall have precedence and priority over all other appeals.
Ala. Code § 36-21-69 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-69
Section 36-21-69 Receipt of Service Credit for Military Service, Etc
Status: in_force

Any peace officer who becomes a member of the fund and who left his work as a peace officer and entered directly into the armed forces of the United States and who returned to work as a peace officer within six months after he ceased to serve in the armed forces shall receive prior service credit for such service in the armed forces, not to exceed five years.

Any member who, in the determination of the board, is a member in good standing of the fund and who is drafted directly into any branch of the armed forces of the United States from his work as a peace officer and does not withdraw his fees shall not be required to pay any fees to the fund during his period of service in the armed forces and shall receive membership service credit for such service in the armed forces, not to exceed five years; provided, that he shall return to work as a peace officer within six months after he ceased to serve in the armed forces.
Ala. Code § 36-27-6.5 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-6.5
Section 36-27-6.5 Employers Authorized to Provide Tier I Retirement Benefits to Tier II Plan Members
Status: in_force

(a) Any employer participating in the Employees’ Retirement System of Alabama pursuant to Section 36-27-6, by adoption of a resolution, may elect to provide to its Tier II plan members the same retirement benefits provided to Tier I plan members. Provided, however, the Employees’ Retirement System Board of Control, based on a staff review of the historical compliance with ERS requirements as well as the financial stability of the local government entity, may elect to deny the election authorized in this section. The local entity may petition the Board of Control for a reconsideration of its action. The election shall be irrevocable and shall be effective at the beginning of the fiscal year following the date the resolution is received by the ERS.

(b) Any employer that has not increased the Tier I member contribution rates as provided in Act 2011-676 shall develop a plan to gradually increase the member contribution rates as provided in this section. The plan shall be submitted to the Employees’ Retirement System before electing to provide Tier II plan members the same retirement benefits as Tier I plan members. Beginning in the month the election to provide Tier II plan members the same retirement benefits provided to Tier I plan members becomes effective, Tier II plan members shall contribute to the Employees’ Retirement System seven and one-half percent of their earnable compensation and Tier II plan members who are firefighters, law enforcement officers, or correctional officers, as defined in Section 36-27-59(a), shall contribute to the Employees’ Retirement System eight and one-half percent of their earnable compensation.

(c) Anything in this article to the contrary notwithstanding, in the application of the provisions of Sections 36-27-16 and 16-25-14 to a member whose creditable service includes periods of service to different Tier plans, the benefit rates of each respective Tier plan will be applicable to the creditable service earned while in each respective Tier plan. In all other respects, the pension under this subsection shall be determined on the basis of the member’s Tier plan at the time of his or her withdrawal from service.
Ala. Code § 36-6-3 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-3
Section 36-6-3 Salary of Officer or Employee Filling, Etc., More Than One Office, Position, Etc
Status: in_force

Wherever the duties of more than one office, position or employment shall be filled, performed or discharged by one officer or employee, such officer or employee shall only receive the salary named for the highest paid office, position or employment so filled, performed or discharged.
Ala. Code § 36-27-44 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-44
Section 36-27-44 Interest on Contributions
Status: in_force

Any law or part of law relating to the payment of interest on contributions as a prerequisite to the granting of credit for withdrawn, terminated, nonmembership or military service under the Employees’ Retirement System notwithstanding, any eligible employee, member or retired member who claims such service shall pay into the retirement system, in addition to the contributions required, interest of eight percent, compounded annually, on such contributions, as a prerequisite to the granting of said service credit.
Ala. Code § 36-27-155 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-155
Section 36-27-155 Pensioners Who Retired Prior to Membership of Employer in System
Status: in_force

(a) Commencing October 1, 2000, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2000, administered by the Employees’ Retirement System, and whose years of creditable service has not been made known to the Employees’ Retirement System, may receive an increase in benefits of four percent, except that no pensioner shall receive an increase of less than twenty-five dollars ($25) per month, provided the retired employee retired prior to October 1, 2000, and the employer decides to come under the provisions of this article.

(b) Retired local public agency employees who retired prior to membership of the employer in the Employees’ Retirement System and whose creditable service records have been received by the Employees’ Retirement System shall receive an increase as provided for in Section 36-27-150 if the employer elects to fund the increase.
Ala. Code § 36-1-2 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-2
Section 36-1-2 Validity of Official Acts of De Facto Official; Liabilities of Such Official
Status: in_force

The official acts of any person in possession of a public office and exercising the functions thereof shall be valid and binding as official acts in regard to all persons interested or affected thereby, whether such person is lawfully entitled to hold office or not and whether such person is lawfully qualified or not, but such person shall be liable to all penalties imposed by law for usurping or unlawfully holding office or for exercising the functions thereof without lawful right or without being qualified according to law.
Ala. Code § 36-6-30 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-30
Section 36-6-30 Positions Eligible for Salary Increase; Restrictions and Conditions; Authority to Transfer Funds to Pay for Salary Increase
Status: in_force

Beginning with the first payday on or after October 1, 1994, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-31, and all legislative personnel, officers and employees, including but not limited to Legislative Reference Service personnel, whether subject to the state Merit System or not, and all circuit clerks and registers and state judges, except as provided in Section 36-6-31, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county or other contributing agency under the direction of the State Board of Health shall receive an eight percent salary increase. Any cost-of-living increase granted under the provisions of this division shall not apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to any local employee whose salary is tied to that of any state employee. All such increases shall be in addition to the salary received by such employees. It is the intention of the Legislature that the Governor is hereby authorized to transfer such amounts to, from, and between such departments, boards, bureaus, commissions, agencies, offices, and institutions under his direct control for the purpose of paying the salary increase for state employees and officials.
Ala. Code § 36-29-19.1 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-19.1
Section 36-29-19.1 The State Employees’ Insurance Board Shall Maintain Detailed Records
Status: in_force

The board shall maintain records in sufficient detail to accurately determine the total health insurance costs and the contributions toward health insurance premiums by employees and retirees separately, and in composite form. Not later than 90 days after the end of each fiscal year the board shall prepare a written report that contains a calculation of the total cost of health insurance premiums for such fiscal year and the amount of contributions by employees and retirees to the cost of such health insurance premiums and the cost of such coverage that shall be paid by the employer for the next fiscal year and the total savings to the state realized by the enactment of Act 2004-646, Act 2004-647, Act 2004-648, Act 2004-649, and Act 2004-650. Such report shall contain sufficient detail to determine the total cost of health insurance premiums for each class of employees or retirees and the amount of contributions by each class of employees or retirees. Such report shall be prepared or verified by an independent firm employed by the board with skill and experience in reporting for such matters.
Ala. Code § 36-21-52 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-52
Section 36-21-52 Revocation of Certification or Authority of Law Enforcement Officer Upon Conviction of Felony
Status: in_force

(a) The certification or authority of any law enforcement officer certified by the Alabama Peace Officers’ Standards and Training Commission or otherwise exempt from the minimum standards pursuant to subsection (b) of Section 36-21-46, shall be revoked by the commission when a law enforcement officer is convicted of a felony. If the conviction is reversed or a new trial granted, the certification or authority of the law enforcement officer shall be restored.

(b) Any law enforcement officer whose certification or authority is revoked pursuant to this section may request a hearing before the commission concerning the revocation. The only issue at the hearing shall be whether the revocation was based on a felony conviction of the officer.
Ala. Code § 36-6-82 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-82
Section 36-6-82 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-23-7 — Alabama Code / Title 36 / Chapter 23 / Section 36-23-7
Section 36-23-7 Removal from Election Precinct Deemed Vacation of Office. (Amended by Act 2026-423)
Status: in_force

AMENDED BY ACT 2026-423, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

The constable shall vacate his office by removal from the election precinct for which he is elected.
Ala. Code § 36-26-61 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-61
Section 36-26-61 Employees Subject to Merit System
Status: in_force

The employees of the state institutions enumerated in Section 36-26-60 shall be governed by personnel Merit System rules and regulations, the same as other employees in state service, as administered by the State Personnel Department. Employees of such state institutions on October 1, 1966, who have been so employed for six months immediately preceding that date shall remain in their respective employments during good behavior; but nothing in this section shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law; and such employees, except for appointment, shall be subject fully to the provisions of the state Merit System Act.
Ala. Code § 36-15-12 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-12
Section 36-15-12 Institution and Prosecution of Legal Proceedings in Name of State
Status: in_force

The Attorney General is authorized to institute and prosecute, in the name of the state, all civil actions and other proceedings necessary to protect the rights and interests of the state.
Ala. Code § 36-8-6 — Alabama Code / Title 36 / Chapter 8 / Section 36-8-6
Section 36-8-6 Applicability of Provisions of Chapter
Status: in_force

This chapter shall apply to all officials heretofore or hereafter elected at any special or general election, whether or not they have entered upon the discharge of their duties.
Ala. Code § 36-13-6 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-6
Section 36-13-6 Mansion Fund
Status: in_force

There is hereby created in the State Treasury a fund to be known as the Mansion Fund. The purpose of said fund shall be to pay for all expenses incident to the operation and maintenance of the official residence of the chief executive of the State of Alabama, including all provisions, servants, upkeep and other items, and also all expenses for public or official memorials, entertainment, travel and other items incident to his office or authorized by him; except, that no part of said fund shall be used to pay the personal household expenses of the Governor or any of the members of his immediate family.

The money appropriated to said Mansion Fund shall be subject to withdrawal and expenditure upon voucher authorized, approved and certified by the Governor, upon which the Comptroller shall issue his warrant.

The expenditures from said Mansion Fund shall be limited to the amount appropriated thereto by the Legislature and shall be budgeted and allotted pursuant to the provisions of Article 4 of Chapter 4 of Title 41.
Ala. Code § 36-17-16 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-16
Section 36-17-16 Destruction of Cancelled State Warrants and Journals Relating Thereto
Status: in_force

The State Treasurer may, in his discretion, destroy, or cause to be destroyed, any cancelled state warrants at any time after the expiration of one year after the close of the fiscal year in which the warrants were issued; provided, such warrants have been photographed or microphotographed as authorized by law. He shall likewise have the power and authority to destroy, or cause to be destroyed, the journals pertaining to or covering such warrants.

The State Treasurer shall not be required to obtain the permission, approval or consent of any state officer, agency or commission to destroy such records, the provisions of any other law to the contrary notwithstanding.
Ala. Code § 36-29-20 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-20
Section 36-29-20 Legislative Findings and Intent
Status: in_force

The Legislature finds that private employers have provided their employees with flexible employee benefit plans which provide a savings both to the employer and the employee, and that the State of Alabama, its departments and agencies, may provide the same tax-effective benefits to its employees. It is, therefore, the intent of the Legislature to provide for the establishment of a “cafeteria plan” or flexible employee benefit plan in compliance with the Internal Revenue Code of 1986, with every effort being used to utilize the existing resources of the state Comptroller to implement said plan in conjunction with the Flexible Employees Benefits Board.
Ala. Code § 36-13-51 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-51
Section 36-13-51 Director - Appointment; Employees
Status: in_force

(a) The office shall be managed by a Director of the Alabama Office of Minority Affairs, who shall be appointed by and serve at the pleasure of the Governor. The position of director shall be a Governor’s cabinet position.

(b) The director may employ and prescribe the duties of employees for the office as he or she deems necessary to carry out the duties and functions of the office. All employees of the Governor who work in the Governor’s Office of Minority Affairs on July 1, 2022, shall be transferred to the Alabama Office of Minority Affairs with no loss of compensation or benefits. After July 1, 2022, the compensation of those employees shall be established by the director in an amount that does not exceed the amount of compensation paid to comparable Merit System classifications. All other employees of the office shall be employed pursuant to the state Merit System.

(c) The director shall employ individuals in a manner to assure the office staff is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
Ala. Code § 36-5-23 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-23
Section 36-5-23 Bonds Not Discharged by Single Recovery
Status: in_force

Such bonds are not discharged by a single recovery, but proceedings may, from time to time, be instituted thereon until the whole penalty is exhausted.
Ala. Code § 36-27-126 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-126
Section 36-27-126 Election by Local Administrative Unit
Status: in_force

Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 1994, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to October 1, 1994, if the local administrative unit elects to fund the increase.
Ala. Code § 36-6-83 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-83
Section 36-6-83 Funding
Status: in_force

It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget acts for the affected entities.
Ala. Code § 36-13-8 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-8
Section 36-13-8 Acceptance of Federal Grants and Advances; Requiring State Agencies to Meet Conditions Imposed Thereon
Status: in_force

The Governor is hereby authorized and empowered to accept from the federal government or any agency or instrumentality thereof, in the name of and for the State of Alabama, grants and advances of funds and real or other personal property for any purpose of the state government not contrary to the Constitution of Alabama.

The Governor is further authorized and empowered, insofar as is not specifically prohibited by the constitution and the then existing statutes, to meet and to require, by his executive order, any other agency or instrumentality of the state government to meet the terms and conditions imposed on such grants and advances in acts of the Congress of the United States, executive orders of the President of the United States or any rule, regulation or order of any other agency or instrumentality of the federal government, it being the intent of this section to permit the State of Alabama to participate fully in grants and advances made available to it by the federal government.

The Governor may delegate such of his powers and authorities herein provided for, as he deems necessary, to any other agency or instrumentality of the state government.
Ala. Code § 36-27-125 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-125
Section 36-27-125 Pensioners Who Retired Prior to Membership of Employer in System
Status: in_force

(a) Any pensioner or beneficiary who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit on October 1, 1994 administered by the Employees’ Retirement System, may receive an increase in benefits in the amount of not less than sixty dollars ($60) nor more than one hundred dollars ($100) per month if the city, town, county, or public or quasi-public organization of the state elects to fund the increase, provided the pensioner retired prior to October 1, 1994.

(b) Notwithstanding subsection (a), any pensioner or annuitant of a city, town, county, or public or quasi-public organization who receives his or her monthly benefit from a source other than the Employees’ Retirement System may receive an increase in the benefit of sixty dollars ($60) per month if the city, town, county, or public or quasi-public organization elects to fund the increase. Whether the aforementioned employer entity began participating in the Employees’ Retirement System before or after the pensioner retired from service shall have no effect on the foregoing provision of this subsection.
Ala. Code § 36-14-20 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-20
Section 36-14-20 Rulemaking Authority
Status: in_force

The Secretary of State shall adopt rules or establish internal office procedures to implement the Office of the Secretary of State’s responsibilities under Section 41-4-177.10, which shall include reasonable efforts to identify small or disadvantaged businesses authorized by the Secretary of State to do business within the state and the reporting of that data and information to the Chief Procurement Officer by January 31 of each year.
Ala. Code § 36-25-8 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-8
Section 36-25-8 Use or Disclosure of Confidential Information for Private Financial Gain
Status: in_force

No public official, public employee, former public official or former public employee, for a period consistent with the statute of limitations as contained in this chapter, shall use or disclose confidential information gained in the course of or by reason of his or her position or employment in any way that could result in financial gain other than his or her regular salary as such public official or public employee for himself or herself, a family member of the public employee or family member of the public official, or for any other person or business.
Ala. Code § 36-21-75 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-75
Section 36-21-75 Semiannual Reports of Executive Director; Annual Audits of Acts and Affairs of Board
Status: in_force

(a) The executive director shall make semiannual reports to the board showing the total amount of money on hand at the time of such report, all investments then held by the board and itemizing by classifications all receipts and disbursements since the last such semiannual report.

(b) The Chief Examiner of Public Accounts of the state is hereby authorized and directed to make an annual audit of the acts and affairs of the board for each fiscal year of the board and to make a complete report of the same to the Legislature of Alabama. The said audit shall cover all moneys received by the board and all expenditures made by the board during the period covered by the audit.
Ala. Code § 36-26-60 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-60
Section 36-26-60 “State Institutions” Defined
Status: in_force

As used in Sections 36-26-60 through 36-26-63, “state institutions” or “institutions” shall mean the Alabama state hospital known as the Bryce Hospital and the Partlow State School and Hospital, located in Tuscaloosa County, and Searcy Hospital and all institutions under the control of the Board of Trustees of Alabama State Hospitals.
Ala. Code § 36-21-8.1 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-8.1
Section 36-21-8.1 Badge Provided for Officer Killed or Disabled in Line of Duty
Status: in_force

(a) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is killed in the line of duty shall have provided to the deceased officer’s survivor, as determined by the deceased officer’s department head, the badge which was assigned to said officer at the time of his death. Such badge will be provided without cost to said survivor.

(b) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is deemed disabled and eligible for retirement as a result of any injury received in the line of duty shall be provided by the officer’s employer at no cost to such officer, a retirement badge such as is provided to regularly retired officers.
Ala. Code § 36-18-6 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-6
Section 36-18-6 Alabama Forensic Services Trust Fund - Created
Status: in_force

The Alabama Forensic Services Trust Fund is created and shall be administered by the Director of the Department of Forensic Sciences.
Ala. Code § 36-21-51.1 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-51.1
Section 36-21-51.1 Training Related to Individuals with Certain Sensory Needs or Invisible Disabilities
Status: in_force

(a) This section shall be known and may be cited as the Cade Noah Act.

(b)(1) Beginning January 1, 2024, the commission shall require each law enforcement officer certified by the commission to complete one hour of training on interacting with individuals with sensory needs or invisible disabilities every other year. This training shall be in addition to the continuing education course requirement under Section 36-21-51.

(2) The commission shall collaborate with a nonprofit company that provides training on individuals with sensory needs or invisible disabilities to administer the training required by this subsection. The company shall provide the required training related to individuals with sensory needs or invisible disabilities without compensation. The training may be provided in person or online.

(c)(1) The commission shall review each law enforcement agency’s compliance with this section in the same manner that the commission reviews compliance with other continuing education requirements.

(2) The commission shall ensure that the company chosen to administer the training annually reviews and updates the training to include changes and trends relating to individuals with sensory needs or invisible disabilities.

(d) The commission may adopt rules for the implementation and administration of this section.
Ala. Code § 36-27-55.5 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55.5
Section 36-27-55.5 Purchase of Credit for Prior Service with Dauphin Island Park and Beach Board of Mobile County, Inc
Status: in_force

(a) Any active and contributing member of the Employees’ Retirement System may claim and purchase credit not to exceed 10 years in the system for prior service rendered while employed with the Dauphin Island Park and Beach Board of Mobile County, Inc., if the member complies with subsection (b).

(b) A member of the Employees’ Retirement System eligible to purchase prior service credit pursuant to subsection (a) may receive credit in the system for the prior service by paying prior to his or her date of retirement, the full actuarially determined cost for each year of service purchased as determined by the system’s actuary. Notwithstanding the foregoing, no member of the Employees’ Retirement System shall be eligible to receive service credit in the system for any service that the member is already credited with in the system or in any other public retirement plan, with the exception of the federal Social Security program.

(c) The Dauphin Island Park and Beach Board of Mobile County, Inc. shall certify in writing to the Employees’ Retirement System the total employment status and earnable compensation by fiscal year for the member purchasing credit for any prior service as provided for in this section.
Ala. Code § 36-37-4 — Alabama Code / Title 36 / Chapter 37 / Section 36-37-4
Section 36-37-4 Activities Not Prohibited; Application of Article
Status: in_force

(a) This chapter does not preclude any of the following:

(1) Any report or disclosure required by The Fair Campaign Practices Act, Chapter 5 of Title 17, or any successor provisions thereto.

(2) Any lawful warrant for personal information issued by a court of competent jurisdiction.

(3) Any lawful request for discovery of personal information in litigation if both of the following conditions are met:

a. The relevant and probative value of the personal information requested outweighs the prejudicial effect.

b. The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation.

(4) Admission of personal information as relevant evidence before a court of competent jurisdiction; however, no court shall publicly reveal personal information absent a specific finding of good cause.

(5) A release of personal information by any public agency if the information has been voluntarily released to the public either by the person to which it pertains or by a nonprofit organization to which the person is a donor.

(6) The keeping of filings, certificates, and other public records that disclose the identity of any director, officer, registered agent, or incorporator of a nonprofit organization in any report or disclosure required by law to be filed with the Secretary of State, except that information that directly identifies a person as a donor of financial support to a nonprofit organization, shall not be collected or disclosed.

(7) Disclosure of personal information derived from a donation to a nonprofit organization affiliated with a public agency as required by law, if the person has not previously requested anonymity from the nonprofit organization.

(8) The compiling, keeping, and disclosure of volunteer fire department rosters and membership lists by the Alabama Forestry Commission as required by Section 9-3-17 or Section 32-6-272.

(9) Any report or disclosure required by Chapter 5A of Title 41, or any successor provisions thereto, except that information that directly identifies a person as a donor of financial support to a nonprofit organization shall not be collected or disclosed unless expressly required by law or when required for a legitimate audit or investigative purpose, provided that the information shall only be used in connection with the specific audit or investigation to which the request relates and for any related proceedings.

(b) Nothing in this chapter shall apply to a national securities association that is registered pursuant to Section 15A of the Securities Exchange Act of 1934 15 U.S.C. § 78o-3, or regulations adopted thereunder, or any information the national securities association provides to the Alabama Securities Commission as provided in Article 1 of Chapter 6 of Title 8, and the rules adopted thereunder.
Ala. Code § 36-5-25 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-25
Section 36-5-25 Applicability of Provisions of Article
Status: in_force

All the provisions of this article shall apply to the official bonds of all public officers of this state whose office may be established hereafter, unless the contrary is expressly provided.
Ala. Code § 36-26A-7 — Alabama Code / Title 36 / Chapter 26A / Section 36-26A-7
Section 36-26A-7 Conduct Not Protected
Status: in_force

Nothing in this chapter shall be construed to prevent or prohibit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a state employee’s employment not connected with the conduct protected by this chapter.
Ala. Code § 36-19-42 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-42
Section 36-19-42 Insurers Suspecting Arson, Etc., to Notify and Cooperate with Law Enforcement Personnel
Status: in_force

If an insurer has reason to believe that a fire loss to its insured’s real or personal property was caused by other than accidental means, the insurer shall notify the State Fire Marshal or other appropriate law enforcement agency charged with the responsibility to investigate fire losses and furnish such persons with all relative material acquired during its investigation of the fire loss, cooperate with and take such reasonable action as may be requested by any law enforcement agency, and cooperate with the court and administrative agencies of the state, and any official from said Fire Marshal’s office or any law enforcement agency charged with the responsibility to investigate the fire.
Ala. Code § 36-21-187 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-187
Section 36-21-187 Participation in Fund; Fees
Status: in_force

(a) Participation in the fund established by this article is entirely elective on the part of a firefighter, and the benefits provided herein are in addition to any other benefits provided by law for firefighters.

(b) Each firefighter who becomes a member shall pay to the fund a regular fee of twenty dollars ($20) per calendar month, to be paid on or before the tenth calendar day of each month so long as he or she is a member or until he or she becomes entitled to benefits under this article. A member who has 25 years of qualified service in the fund and having met all other requirements of the law and thereby having earned maximum benefits provided will no longer be required to make monthly contributions for his or her membership and will retain all of the rights and privileges as provided any other member.

(c) Six months from April 30, 2010, all applicants for membership who join the fund shall pay an initial fee of twenty dollars ($20) and twenty dollars ($20) per month as long as they maintain their membership, with no regard given for firefighter service prior to the date of application.

(d) If any member does not pay the monthly fee for 60 days after its due date, the board shall give him or her notice of termination of his or her membership in the fund and of his or her right to a refund and, unless he or she makes application for a refund within 60 days after the mailing of the notice, all amounts heretofore paid by him or her to the fund shall be returned to him or her. Any member so terminated who later applies for membership in the fund shall lose credit for all of his or her prior qualified service up to the time of such termination and, upon approval of his or her new application, shall become a new member in the fund.
Ala. Code § 36-22-10 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-10
Section 36-22-10 Maintenance of Record Book as to Executions or Orders of Sale Received by Sheriff Generally
Status: in_force

Each sheriff must also enter in well-bound books, whenever any execution or order of sale is received by him, the names of the parties, the character of the process, the time of its receipt, the date of the judgment on which the same issued, if it appears from such process, the amount of the same, principal and costs, the court from which it issued and the name of the attorneys as endorsed thereon.
Ala. Code § 36-7-22 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-22
Section 36-7-22 Mileage Allowance for Persons Traveling on Official Business in Privately Owned Vehicles
Status: in_force

Persons traveling on official business for the state or any of its Legislative, Executive, and Judicial Branches, departments, institutions, boards, bureaus, commissions, councils, committees, or other like agencies in privately owned vehicles shall receive an amount equal to the mileage rate allowed by the Internal Revenue Code for income tax deductions per mile in lieu of actual expenses for transportation. Reimbursement shall be made no later than 30 calendar days from the date the request for reimbursement is initially received by the appropriate authority. For purposes of this section, travel, excluding members of the Legislature, means a departure from the permanent place of employment.
Ala. Code § 36-26-103 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-103
Section 36-26-103 Termination of Employment - Procedure; Notice
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-27-186 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-186
Section 36-27-186 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
Status: in_force

Commencing October 1, 2002, any pensioner or annuitant who retired prior to October 1, 2001, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive an increase of three percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase.
Ala. Code § 36-21-50 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-50
Section 36-21-50 Penalty for Violation of Provisions of Article or Standards, Rules, Etc., Promulgated Thereunder
Status: in_force

Any person who shall appoint any applicant who, to the knowledge of the appointor, fails to meet the qualifications as a law enforcement officer provided in Section 36-21-46 or the standards, rules and regulations issued by the commission under this article and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a law enforcement officer provided in Section 36-21-46 or any standard, rule or regulation issued pursuant to this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not exceeding $1,000.00.
Ala. Code § 36-7-2 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-2
Section 36-7-2 Reimbursement of County or Municipal Officers or Employees for Traveling Expenses — to Whom Statement Presented; Approval or Disallowance of Statement
Status: in_force

When a municipality is governed by a commission form of government, such itemized statement shall be presented to the municipal comptroller or corresponding officer immediately upon the return of said officer or employee of such municipality and must be approved or disallowed at a regular meeting of the commission of such municipality held within a period of 30 days after presentment to municipal comptroller or corresponding officer. When a municipality is governed by a mayor and council, such itemized statement shall be presented to the treasurer of the municipality in similar manner as hereinabove provided for and shall be approved or disallowed at a regular meeting of the governing body held within a period of 30 days after presentment to the treasurer of the municipality. In the case of counties, such itemized statement shall be presented to the county clerk or corresponding officer in similar manner as hereinabove provided for and shall be approved or disallowed at a regular meeting of the county commission held within a period of 30 days after presentment to the county clerk or corresponding officer of the county.
Ala. Code § 36-27-152 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-152
Section 36-27-152 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
Status: in_force

Commencing October 1, 2000, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to July 1, 2000, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-150. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained under the provisions in Section 36-27-150. No retiree or beneficiary of this class shall receive a benefit increase of less than twenty-five dollars ($25) per month.
Ala. Code § 36-17-2 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-2
Section 36-17-2 Jurisdiction of Action Upon Treasurer’s Bond
Status: in_force

In all actions upon the bond of the Treasurer or against the sureties or insurers of such bond, the courts of the State of Alabama shall have exclusive jurisdiction, and this shall be deemed a condition of such bond.
Ala. Code § 36-14-13 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-13
Section 36-14-13 Acts and Resolutions of Legislature - Distribution of Additional Copies, and Sale of Surplus Copies; Electronic Distribution
Status: in_force

(a) The Secretary of State must also transmit to the chair of the county commission and the judges of probate of each county, for such judge, each member of the Legislature, clerk of any court of record, sheriff, and register of the circuit court, one copy of each volume. The remaining copies must be sold as other books and documents, the property of the state, at a price to be established by the Secretary of State, and the proceeds thereof paid into the Treasury.

(b)(1) In lieu of binding and distributing copies of each volume of acts and resolutions as required under subsection (a), the distribution may be made by electronic means, including the posting of the acts and resolutions on the public website of the Secretary of State.

(2) If the Secretary of State elects to distribute copies of each volume of acts and resolutions by electronic means as provided in subdivision (1), he or she may provide written notice by regular mail to all recipients as soon as practicable.
Ala. Code § 36-21-76 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-76
Section 36-21-76 Rights, Annuities and Benefits Subject to Change by Legislature; No Vested Rights in Annuities, Benefits, Etc.; When Determination of Years of Qualified Service Conclusive; Reinstatement of Benefits of Certain Members; Adjustment of Amount of Benefits
Status: in_force

All rights, annuities and benefits provided herein shall be subject to future change by the Legislature of the state, and subject to future changes or revisions as provided in this article, and no member or beneficiary provided for in this article or hereafter existing shall be deemed to have any vested right in the fund or to any annuity or benefit provided in this article. However, when the board has once approved a member’s application for a retirement annuity or benefit and such member has actually received such benefits pursuant to the board’s determination for a period of two years, then such determination as to such member’s years of qualified service shall be conclusive, and the board shall not thereafter arrive at a different determination as to such member’s qualified service prior to such original determination as to such member’s qualified service prior to such original determination except in the case of fraud or misrepresentation of any fact in the applicant’s original application or application for retirement.

Any member who is receiving retirement benefits and returns to active law enforcement shall be covered under the provisions of Section 36-21-70.
Ala. Code § 36-14-16 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-16
Section 36-14-16 Secretary of State Authorized to Hire Executive Assistant
Status: in_force

The Secretary of State is hereby authorized to hire, without regard to the state Merit System law, one additional employee who shall serve at the pleasure of the Secretary of State. The position shall be an executive assistant position with duties assigned by the Secretary of State with a salary range of $29,068.00 to $44,070.00. For purposes of pay and employment benefits, rights and privileges, the said additional employee shall be treated as if he or she is an employee of the state.
Ala. Code § 36-25-2 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-2
Section 36-25-2 Legislative Findings and Declarations; Purpose of Chapter
Status: in_force

(a) The Legislature hereby finds and declares:

(1) It is essential to the proper operation of democratic government that public officials be independent and impartial.

(2) Governmental decisions and policy should be made in the proper channels of the governmental structure.

(3) No public office should be used for private gain other than the remuneration provided by law.

(4) It is important that there be public confidence in the integrity of government.

(5) The attainment of one or more of the ends set forth in this subsection is impaired whenever there exists a conflict of interest between the private interests of a public official or a public employee and the duties of the public official or public employee.

(6) The public interest requires that the law protect against such conflicts of interest and establish appropriate ethical standards with respect to the conduct of public officials and public employees in situations where conflicts exist.

(b) It is also essential to the proper operation of government that those best qualified be encouraged to serve in government. Accordingly, legal safeguards against conflicts of interest shall be so designed as not to unnecessarily or unreasonably impede the service of those men and women who are elected or appointed to do so. An essential principle underlying the staffing of our governmental structure is that its public officials and public employees should not be denied the opportunity, available to all other citizens, to acquire and retain private economic and other interests, except where conflicts with the responsibility of public officials and public employees to the public cannot be avoided.

(c) The Legislature declares that the operation of responsible democratic government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to the legislative bodies and to officials of the Executive Branch, their opinions on legislation, on pending governmental actions, and on current issues. To preserve and maintain the integrity of the legislative and administrative processes, it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to persuade members of the legislative bodies or members of the Executive Branch to take specific actions, either by direct communication to these officials, or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. This chapter shall be liberally construed to promote complete disclosure of all relevant information and to insure that the public interest is fully protected.

(d) It is the policy and purpose of this chapter to implement these objectives of protecting the integrity of all governmental units of this state and of facilitating the service of qualified personnel by prescribing essential restrictions against conflicts of interest in public service without creating unnecessary barriers thereto.
Ala. Code § 36-25-15 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-15
Section 36-25-15 (Amended by Act 2026-543) Candidates Required to File Statements of Economic Interests; Notification Requirements; Failure to Submit Statement
Status: in_force

AMENDED BY ACT 2026-543, EFFECTIVE APRIL 15, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Candidates at every level of government shall file a completed statement of economic interests for the previous calendar year with the State Ethics Commission: (i) not more than five days after the deadline to file a declaration of candidacy as provided in Section 17-13-5, or in the case of an independent candidate, not more than five days after the date of the first primary election; or (ii) for a candidate for municipal office, not more than five days after the deadline for the candidate to file his or her qualifying papers with the appropriate election official. Nothing in this section shall be deemed to require a second filing of the individual’s statement of economic interests if a current statement of economic interests is on file with the commission. If a candidate has already filed a current statement of economic interests for a reason other than his or her candidacy, the candidate, by the deadline provided by this subsection, shall provide proof to the commission that a current statement has already been submitted or file a new or amended statement.

(b) Each election official who receives a declaration of candidacy or petition to appear on the ballot for election from a candidate, within five days of the receipt, shall notify the commission of the name of the candidate, as defined in this chapter, and the date on which the individual became a candidate. The commission, within five business days of the filing deadline described in subsection (a), shall notify the election official whether the candidate has complied with this section.

(c) Other provisions of the law notwithstanding, if a candidate does not submit a statement of economic interests or when applicable, an amended statement of economic interests in accordance with the requirements of this chapter, the name of the individual shall not appear on the ballot and the candidate shall be deemed not qualified as a candidate in that election. Notwithstanding the foregoing, the commission, for good cause shown, may allow the candidate an additional five days to file the statement of economic interests. If a candidate is deemed not qualified, the appropriate election official shall remove the name of the candidate from the ballot.
Ala. Code § 36-20-53 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-53
Section 36-20-53 Discipline, Etc., Relating to Practice of Law
Status: reserved

Repealed by Act 2001-967, 2001 3rd Special Session, effective September 26, 2001.
Ala. Code § 36-10-11 — Alabama Code / Title 36 / Chapter 10 / Section 36-10-11
Section 36-10-11 Signing of Bond, Etc., for Appearance or Release of Prisoner, Etc., by Judicial, Executive or Ministerial Officer of Court Having Criminal Jurisdiction
Status: in_force

Any judicial, executive or ministerial officer of any court having criminal jurisdiction who becomes bail for any prisoner or other person under any criminal accusation or signs any bond or other obligation for the release or appearance of such person before himself or before any other officer or court shall, on conviction, be fined not less than $50.00 nor more than $500.00 and may also be imprisoned in the county jail for not more than 12 months.
Ala. Code § 36-21-197 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-197
Section 36-21-197 Application
Status: in_force

(a) The annuities and benefits provided for in this article shall not repeal or be considered to be in substitution for any other annuity or benefit provided for by law or any other retirement system, whether municipal, county, state, or federal.

(b) Participation by a firefighter in any other program, plan, fund, or system shall not bar participation by such firefighter in the fund.
Ala. Code § 36-3-5 — Alabama Code / Title 36 / Chapter 3 / Section 36-3-5
Section 36-3-5 Term of Office of County Tax Assessors
Status: in_force

There shall be elected at the general election in November a tax assessor for each county in the state, who shall perform such duties as are prescribed by law and whose term of office shall be six years from October 1 next after his election and until his successor is elected and qualified.
Ala. Code § 36-6-6 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-6
Section 36-6-6 Certain Salaries to Be Fixed by Governor in Accordance with State Personnel Board Recommendations; Considerations
Status: in_force

(a) Unless otherwise fixed by law, the salaries of appointed department heads or those otherwise considered members of the Governor’s cabinet, the salaries of the appointed assistant department heads or those otherwise considered as the Governor’s assistant cabinet members, and the salaries of other officers and employees appointed in the exempt service and the executive assistants in the Governor’s office shall be fixed by the Governor in accordance with the recommendations by the State Personnel Board of appropriate pay ranges within the state pay plan.

(b) Where some authority other than the Governor appoints such an officer or employee, the salary shall be fixed by the appointing authority with the approval of the Governor and the State Personnel Board.

(c) In fixing such salaries, the Governor or other appointing authority shall give due consideration to the salaries of comparable positions in other states and in private industry in Alabama.
Ala. Code § 36-12-40 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-40
Section 36-12-40 Rights of Citizens to Inspect and Copy Public Writings; Exceptions
Status: in_force

(a) Every resident has a right to inspect and take a copy of any public record of this state, except as otherwise expressly provided by applicable law. Provided however, registration and circulation records and information concerning the use of the public, public school, or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure, as defined at 42 U.S.C. § 5195c(e), and critical energy infrastructure information, as defined at 18 C.F.R. § 388.113(c)(1), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure of the records.

(b) For purposes of this article, the judicial branch of state government and any office identified in Article VI of the Constitution of Alabama of 2022, are exempted from the requirements of Sections 36-12-43 through 36-12-45.
Ala. Code § 36-6-91 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-91
Section 36-6-91 In Applicability to Certain Employees
Status: in_force

(a) Any salary increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The salary increase granted under this division shall not apply to, or increase the compensation of, any local employee whose salary is tied to that of any state employee.

(b) The salary increase granted under this division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract, nor to a state judge whose salary is payable from the State Treasury.

(c) The salary increase granted under this division shall not apply to any circuit or district judge, Supreme Court Justice, Judge of an Appellate Court, or District Attorney.
Ala. Code § 36-30-1 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-1
Section 36-30-1 Definitions; Dependents; Persons Eligible for Compensation
Status: in_force

(a) For the purposes of this chapter, the following words and phrases shall have the following meanings:

(1) AWARDING AUTHORITY. The State Board of Adjustment, created and existing pursuant to Article 4, Chapter 9 of Title 41.

(2) COMPENSATION. The money benefits paid on account of injury or death that occurred during the course of employment or activity as a peace officer or firefighter and is in the nature of workers’ compensation.

(3) COVID-19. Coronavirus disease 2019, for which the Governor declared a public health emergency on March 13, 2020, or any mutation or variant thereof that is declared a public health emergency under the Emergency Management Act.

(4) DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over the age of 18 who is physically or mentally incapacitated from earning.

(5) DIRECT AND PROXIMATE RESULT OF A HEART ATTACK OR STROKE. Death resulting from a heart attack or stroke caused by engaging or participating in a situation while on duty involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical service, prison security, disaster relief, other emergency medical response activity, or participation in a training exercise that involved nonroutine stressful or strenuous physical activity; and the heart attack or stroke is suffered while still on that duty after so engaging or participating or not more than 24 hours after so engaging or participating.

(6) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP). Emergency medical services personnel, as defined under Section 22-18-1, that are employed by the state or a county or municipality thereof.

(7) FIREFIGHTER or FIREFIGHTERS. A member or members of a paid or volunteer fire department of a city, town, county, or other subdivision of the state or of a public corporation organized for the purpose of providing water, water systems, fire protection services, or fire protection facilities in the state; and shall include the chief, assistant chief, wardens, engineers, captains, firefighters, and all other officers and employees of such departments who actually engage in fire fighting or in rendering first aid in case of drownings or asphyxiation at the scene of action. The term also includes a firefighter who is employed by the Alabama Forestry Commission and who has been certified by the State Forester as having met the wildland firefighter training standards of the National Wildfire Coordinating Group.

(8) FIRST RESPONDER. The term includes firefighters, peace officers, rescue squad members, and emergency medical services personnel.

(9) PEACE OFFICER. All sheriffs, deputy sheriffs, constables, municipal police officers, state and town marshals, members of the highway patrol, state troopers, Alcoholic Beverage Control Board Enforcement Division agents, enforcement officers of the Public Service Commission, revenue agents, and persons who are required by law to comply with the provisions of the Peace Officers’ Minimum Standards, employees of the Board of Corrections, highway camp guards, law enforcement officers of the Department of Conservation and Natural Resources, all law enforcement officers of the Alabama Forestry Commission, livestock theft investigators of the Department of Agriculture and Industries, Capitol security guards, narcotic agents and inspectors of the State Board of Health, any other state, county, or municipal officer engaged in quelling a riot, or civil disturbance, and university police officers.

(10) RESCUE SQUAD MEMBER. A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment, or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. The term includes all commanders, officers, and members of organized rescue squads that are members of the Alabama Association of Rescue Squads.

(b) For the purposes of this chapter, the following described individuals shall be conclusively presumed to be wholly dependent:

(1) Spouse, unless it be shown that the spouse was voluntarily living apart from the first responder at the time of death, or unless it be shown that the first responder was not in any way contributing to the spouse’s support and had not in any way contributed to the spouse’s support for more than 12 months next preceding the occurrence of the injury causing death.

(2) Minor children under the age of 19 years and those 19 years or more if physically and mentally incapacitated from earning.

(3) Spouse, child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law who were wholly supported by a deceased first responder at the time of his or her death and for a reasonable period of time prior thereto shall be considered his or her dependents and payment of compensation may be made to them as hereinafter authorized.

(c) If a first responder dies in a manner described in Section 36-30-2 and there are no designated beneficiaries, then the compensation shall be paid to his or her dependents or partial dependents in the manner prescribed by Section 36-30-3, and if there are none, the compensation shall be paid to his or her non-dependent children, and if there are none, the compensation shall be paid to his or her parents, and if there are none, the compensation shall be paid to the estate of the deceased.

(d) Any member of the class named in subdivision (b)(3) who regularly derived part of his or her support from the earnings of the deceased first responder, as the case may be, at the time of his or her death and for a reasonable time immediately prior thereto shall be considered his or her partial dependent and payment of compensation may be made to the partial dependent as hereinafter authorized.
Ala. Code § 36-26-109 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-109
Section 36-26-109 Major Suspensions of Employees - Procedure; Hearings
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-2-7 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-7
Section 36-2-7 Issuance and Execution of Commissions Generally
Status: in_force

The commission must issue in the name and by the authority of the State of Alabama, must be sealed with the Great Seal and signed by the Governor and countersigned by the Secretary of State, unless it is the commission of the secretary, which must be signed by the Governor.
Ala. Code § 36-13-32 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-32
Section 36-13-32 Method of Withdrawal
Status: in_force

The money appropriated to said Governor’s Contingency Fund shall be subject to withdrawal and expenditure upon voucher authorized, approved and certified by the Governor, upon which the Comptroller shall issue his warrant.
Ala. Code § 36-6-172 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-172
Section 36-6-172 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-26-115 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-115
Section 36-26-115 Direct Appeal by Certain Employees Denied Hearing Before Local Board of Education
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-21-104 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-104
Section 36-21-104 Tuition Eligibility Board
Status: in_force

There is created the Tuition Eligibility Board, which shall determine the eligibility of any persons applying under the provisions of this article. The Tuition Eligibility Board shall certify to the Alabama Commission on Higher Education the eligible persons to receive tuition assistance under the provisions of Section 36-21-102. The Tuition Eligibility Board shall consist of two members appointed by the Governor, one member appointed by the Executive Board of the Alabama Education Association, one member appointed by the Board of Directors of the Alabama State Policemen’s Association, Inc., one member appointed by the Professional Firefighter’s Association of Alabama, one member appointed by the Alabama Firefighter’s Association, one member appointed by the Alabama State Lodge of the Fraternal Order of Police, one member appointed by the Alabama State Troopers Association, and one member appointed by the Board of Directors of the Alabama Peace Officers’ Association. Each member shall serve four years from the date of appointment and shall have the right of succession. The board shall elect a chairperson from among the members and shall coordinate the implementation of this article with the Alabama Commission on Higher Education. The chairperson shall call meetings of the board to determine eligibility of applicants. Each board member shall receive reimbursement of expenses for duties performed in accordance with the provisions of this article. A majority of the members appointed shall constitute a quorum.
Ala. Code § 36-6-80 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-80
Section 36-6-80 Persons Eligible
Status: in_force

Beginning with the first payday on or after October 1, 2002, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-81, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the State Merit system and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a three percent salary increase.
Ala. Code § 36-4-6 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-6
Section 36-4-6 Oath to Be Taken by Municipal Officers
Status: in_force

The governing officials of the various cities or towns in this state shall take the oath of office prescribed in the constitution of the state and none other.
Ala. Code § 36-20-7 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-7
Section 36-20-7 Notary Public to Maintain Register of Official Acts; Provision of Certified Copies from Register Generally
Status: reserved

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
Ala. Code § 36-18-54 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-54
Section 36-18-54 Director to Administer Fund
Status: in_force

The Director of the Department of Forensic Sciences shall administer the Alabama Chemical Testing Training and Equipment Trust Fund in accordance with the recommended list of priorities and criteria for disbursement as published by the Alabama Chemical Testing Training and Equipment Advisory Board.
Ala. Code § 36-26-31 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-31
Section 36-26-31 Granting of Leave of Absence for Service in Armed Forces of United States
Status: in_force

Upon the application in writing of any such person, which application shall be directed to and filed with the State Director of Personnel, the State Personnel Board shall enter upon its minutes an order or memorandum granting to such applicant an indefinite leave of absence for such length of time as such applicant shall honorably serve in any of the Armed Forces of the United States.
Ala. Code § 36-1A-5 — Alabama Code / Title 36 / Chapter 1A / Section 36-1A-5
Section 36-1A-5 Participation Limited to Voluntary, Charitable, Health and Human Care Federations and Agencies with a Substantial Local Presence
Status: in_force

(a) Participation in the Alabama State Employee Combined Charitable Campaign shall be limited to voluntary, charitable, health and human care federations and agencies with a substantial local presence that provide or support direct health and welfare services to individuals or their families and meet the criteria set forth in this section. “Substantial local presence” is defined as a facility, staffed by professionals or volunteers, available to provide its services and open at least 15 hours a week. Such services must be available to state employees in the local campaign community, unless they are rendered to needy persons overseas. Such services must directly benefit human beings, whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically handicapped. Such services must consist of care, research, or education in the fields of human health or social adjustment and rehabilitation; relief for victims of natural disasters and other emergencies; or assistance to those who are impoverished and in need of food, shelter, clothing, and basic human welfare services.

(b) For the purposes of the Alabama State Employee Combined Charitable Campaign, basic health and human care service shall not include:

(1) Organizations whose primary purpose is the direct or indirect support of institutions of higher education;

(2) Organizations engaging in litigation activities on behalf of parties other than themselves;

(3) Lobbying; and

(4) Religious activities.

(c) To be included in the Alabama State Employee Combined Charitable Campaign, a charitable federation or agency, in addition to meeting the other requirements in this section, shall:

(1) Be a tax exempt charitable organization and submit a 501(c)(3) exemption from the Internal Revenue Service;

(2) Be incorporated or authorized to do business in this state as a private, nonprofit organization;

(3) Not be a foundation;

(4) Demonstrate to the local agency review committee that at least 60 percent of funds raised locally in each of the two fiscal years preceding its application to participate in a campaign consist of individual contributions from citizens of the state;

(5) Be directed by an active local board which meets at least quarterly, whose members serve without compensation and are residents of the local geographic region served (with the exception of agencies serving the needy overseas);

(6) Adopt and employ the standards of accounting and financial reporting for voluntary health and welfare organizations; prepare and make available to the general public a detailed annual budget; provide for an annual external audit by an independent public accountant and make such audit available to the general public; and provide and make available to the general public an annual report;

(7) Provide programs of services directed at one or more of the common human needs defined in subsection (a) in the State of Alabama or in countries overseas;

(8) Have a stated policy of nondiscrimination and be in compliance with all requirements of law and regulations respecting nondiscrimination and equal employment opportunity with respect to its clients, officers, employees, and volunteers;

(9) (For federations only, with the exception of federations serving the needy overseas): Have raised at least $60,000 at the local level, and distributed that sum among at least 10 charitable agencies in each of its last two fiscal years preceding its application to participate in the campaign; and

(d) A charitable federation or agency shall automatically be eligible to participate if it is currently participating in the State of Alabama employee campaign under the provisions of Section 36-1-4.1, as amended.
Ala. Code § 36-15-14 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-14
Section 36-15-14 Attorney General May Direct Prosecution in Criminal Cases
Status: in_force

The Attorney General, either in person or by one of his or her assistants, at any time he or she deems proper, either before or after indictment, may superintend and direct the prosecution of any criminal case in any of the courts of this state. The district attorney prosecuting in such court, upon request, shall assist and act in connection with the Attorney General or his or her assistant in such case.
Ala. Code § 36-27-49 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-49
Section 36-27-49 Purchase of Credit for Active Military Service; Limitations; Termination Date
Status: in_force

(a) Any active and contributing member of any one of the State of Alabama retirement systems who has been such a member for 10 consecutive years and has not previously purchased credit for military service with any one of the State of Alabama retirement systems may hereby claim and purchase credit in his or her respective retirement system for up to four years’ creditable service for time which such member has served in the active full-time military service of the Armed Forces of the United States, exclusive of any summer, weekend, or other part-time active military service in any reserve or National Guard component of any branch of the armed forces, provided said member has not received credit toward retirement status in such retirement system for said military service, and further provided that such member shall receive no credit for military service if such member is receiving military service retirement benefits other than disability allowance or benefits from any branch of the United States Armed Forces or by reason of any such service in any branch of the armed forces; and provided further that such member received an honorable discharge for and including the claimed military service.

(b) Any member eligible to claim and purchase credit for service under subsection (a) of this section shall be awarded such credit under any such Retirement System of Alabama provided he or she shall pay into his or her respective retirement system or fund prior to said member’s date of retirement and prior to October 1, 1986, a sum of money which is equal to a percentage of the member’s current annual earnable compensation; the applicable percentage shall be the sum of the prevailing percentage rates of employer and member contributions as determined by the system’s annual actuarial valuation for each year of purchased service.

(c) The provisions of this section to reopen the retirement system or fund for military service credit shall terminate October 1, 1986, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1986.
Ala. Code § 36-26-47 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-47
Section 36-26-47 Penalties for Violations of Provisions of Article
Status: in_force

A willful violation of any provision of this article shall be deemed a misdemeanor. Any person who is convicted of a misdemeanor under this article shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, shall forfeit his office or position.
Ala. Code § 36-21-122 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-122
Section 36-21-122 Employment of Police Officers
Status: in_force

The tribal council of a tribe may appoint and employ one or more suitable persons to act as police officers to protect the reservation of the tribe from intruders and trespassers, to prevent damage to the properties and grounds of the reservation of the tribe, and to provide for the safety of residents and employees of the reservation of the tribe. No state or local funds allocated for law enforcement purposes shall be used to provide financial support for the law enforcement officers hired by a tribe. The authority of any person appointed as a police officer shall immediately cease when the person ceases to be an agent, servant, or employee of a reservation.
Ala. Code § 36-14-14 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-14
Section 36-14-14 When Duplicate Copies of Books, Etc., to Be Furnished to Judicial Officers
Status: in_force

Whenever any of the books furnished by the state to the judicial officers thereof have been destroyed without fault on their part, or on the part of their predecessors in office, the Secretary of State shall furnish to the incumbents duplicate copies, if in the possession of the state and not required for use by the state or otherwise appropriated, but before he shall do so, the Secretary of State shall be satisfied, by affidavit or other evidence, that such books were destroyed without fault on the part of such officers or their predecessors.
Ala. Code § 36-32-11 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-11
Section 36-32-11 Fire-Fighting Agencies Authorized to Make Mutual Assistance Agreements
Status: in_force

Each fire-fighting agency in the state is hereby authorized to make agreements and arrangements for cooperation and mutual assistance in fire-fighting training, with the commission and with each other.
Ala. Code § 36-27-202 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-202
Section 36-27-202 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
Status: in_force

Commencing October 1, 2006, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2005, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-200. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit. The increase shall not be less than twenty-five dollars ($25) per month.
Ala. Code § 36-26-82 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-82
Section 36-26-82 Coverage of Employees by State Merit System
Status: in_force

On and after July 1, 1975, all county and district health department employees shall be covered with their current status under the state Merit System and shall be extended all benefits of such system.
Ala. Code § 36-21-210 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-210
Section 36-21-210 Defintions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) BODY-WORN CAMERA. An operational video or digital camera or other electronic device, including a microphone or other mechanism to capture audio, affixed to the uniform or person of law enforcement agency personnel and positioned in a way that allows the camera or device to capture interactions between law enforcement agency personnel and others.

(2) CUSTODIAL LAW ENFORCEMENT AGENCY. The law enforcement agency that owns or leases or whose personnel operates the equipment that created the recording at the time the recording was made. If another law enforcement agency takes over the investigation of the recorded incident, that agency becomes the custodial law enforcement agency for the purposes of this article.

(3) DASHBOARD CAMERA. A device or system installed or used in a law enforcement agency vehicle that electronically records images or audio of interactions between law enforcement agency personnel and others. This term does not include a body-worn camera.

(4) DISCLOSE or DISCLOSURE. To make a recording available for viewing or listening at a time and location chosen by the custodial law enforcement agency. This term does not include the release of a recording.

(5) PERSONAL REPRESENTATIVE. A parent, court-appointed guardian, spouse, or attorney of an individual whose image or voice is the subject of the recording. If an individual whose image or voice is the subject of the recording is deceased, the term also means the personal representative of the estate of the deceased individual; the deceased individual’s surviving spouse, parent, or adult child; the deceased individual’s attorney; or the parent or guardian of a surviving minor child of the deceased.

(6) RECORDING. A visual, audio, or visual and audio recording captured by a body-worn camera, a dashboard camera, or any other video or audio recording device operated by or on behalf of a law enforcement agency or law enforcement agency personnel when carrying out law enforcement responsibilities. This term does not include any video or audio recordings of interviews regarding agency internal investigations or interviews or interrogations of suspects or witnesses.

(7) RELEASE. To provide a copy of a recording.
Ala. Code § 36-27-187 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-187
Section 36-27-187 Persons Receiving Medicaid Benefits
Status: in_force

Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the aforementioned increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
Ala. Code § 36-29-24 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-24
Section 36-29-24 Authorization to Deduct or Reduce Salary or Wages Designated by Employee
Status: in_force

In order to carry out the provisions of the flexible employee benefit plan or any long-term care plan, or both, the board or the head of each department, agency, or county health department is authorized on behalf of the state to deduct or reduce from salary or wages amounts voluntarily designated by the employees pursuant to salary reduction agreements or benefit deduction agreements for purchasing benefits offered under the plan.
Ala. Code § 36-29-19.8 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-19.8
Section 36-29-19.8 Supplemental Coverage for Certain Retirees
Status: in_force

The board may offer a retiree a supplemental coverage to other employer group health insurance coverage and certain requirements shall be maintained regarding retiree health coverage and cost sharing.

(1) For employees who retire after September 30, 2005, and who become employed by an employer that provides employees at least 50 percent of the cost of single health insurance coverage and that qualify to receive other employer group health insurance coverage through that employer shall be required to use the employer’s health benefit plan for primary coverage and the State Employees’ Health Insurance Plan may provide supplemental coverage.

(2) For retirees who have spouses with other employer group health insurance coverage available to them through their employer or previous employer, the board may provide such retirees with a supplemental coverage to other employer group health insurance coverage in lieu of coverage in the basic medical plan of the State Employees’ Health Insurance Plan.

(3) An employer that provides its employees and their spouses with other employer group health insurance coverage may not exclude a retiree, as defined under Section 36-29-1(11), or his or her spouse from coverage by application of a provision which does not also apply on the same terms and conditions to other retirees or their spouses. No provision of this section requires an employer to amend its plan to provide additional benefits.
Ala. Code § 36-27-182 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-182
Section 36-27-182 Amount of Increase - Persons Whose Employers Participated in Employees’ Retirement System
Status: in_force

Commencing October 1, 2002, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2001, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase as described in Section 36-27-180. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained under the provisions in Section 36-27-180. In no case shall the COLA be less than fifteen dollars ($15) per month.
Ala. Code § 36-24-4 — Alabama Code / Title 36 / Chapter 24 / Section 36-24-4
Section 36-24-4 Purposes for Which Offices to Be Used
Status: in_force

Such offices, so rented, shall not be used for any other purpose than in the discharge of the official duties of the officer for whose use it is provided.
Ala. Code § 36-21-142 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-142
Section 36-21-142 Relation to Legislative Medal of Honor
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 36-2-5 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-5
Section 36-2-5 Failure to Comply with Section 36-2-4 Deemed Ground for Impeachment or Removal
Status: in_force

The failure of any such official to comply with the requirements of Section 36-2-4 shall be ground for impeachment or removal of such official from office in the manner provided by law for the impeachment or removal from office of any such official.
Ala. Code § 36-27B-2 — Alabama Code / Title 36 / Chapter 27B / Section 36-27B-2
Section 36-27B-2 Fund Established; Moneys Paid In, Out, Etc.; Transfer of Funds
Status: in_force

A separate fund to be known as the Preretirement Death Benefit Fund is hereby established within the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama to be held in trust by the respective Boards of Control. Such fund shall consist of all moneys paid by the employers for preretirement death benefit purposes, and of the investment earnings upon such moneys, and shall be used only to pay the preretirement death benefits prescribed by Section 36-27B-3. Concurrent with the determination of the initial liability of this program for the fiscal year on and after the effective date of the program, there shall be transferred from the pension accumulation fund of each system to the fund created by this section such amounts, as shall be determined by the actuary, necessary to pay anticipated death benefit claims. Subsequent transfers shall be made if necessary to pay the benefits prescribed in Section 36-27B-3.
Ala. Code § 36-27-93 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-93
Section 36-27-93 Construction of Provisions
Status: reserved

The provisions of this act are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.
Ala. Code § 36-27-19 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-19
Section 36-27-19 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1969 10 Percent Increase
Status: in_force

(a) On or after October 1, 1969, there is hereby provided to any state employee who is receiving a retirement allowance from the Employees’ Retirement System of Alabama and who was retired prior to October 1, 1969, an increase in his maximum retirement allowance in the amount of 10 percent, excluding those whose monthly retirement allowance is as much as $400.00. Such increase shall be limited so as to provide not to exceed a maximum retirement allowance of $400.00 per month.

(b) On or after October 1, 1969, there is hereby provided to any employee who was retired prior to October 1, 1969, as an employee participating in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6, an increase in his maximum retirement allowance in the amount of 10 percent, excluding those whose maximum retirement allowance is as much as $400.00 per month. Such increase shall be limited so as to provide not to exceed a maximum retirement allowance of $400.00 per month. The employer participating under said Section 36-27-6 as described in this subsection shall provide the funds necessary to pay the increase in retirement allowances as described in this subsection.

(c) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances under subsection (a) of this section and shall notify the chief fiscal officer of each employer of the percentage rates of earnable compensation of the members required to be paid to the retirement system. The employer’s payment on account of the increases provided in subsection (a) of this section shall be paid in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the costs of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(d) There is hereby appropriated annually from the funds from which salaries are paid the amounts sufficient to carry out the provisions of subsection (a) of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supporting funds such additional amounts as may be necessary to pay the employer contribution of each department so supported in the same proportion as the other state funds contribute to the support and maintenance of such department.

(e) The Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances as provided under subsection (b) of this section and shall notify each employer of the amount required to be paid to the Employees’ Retirement System. Such amounts shall be paid monthly or as designated by the Board of Control, to the Employees’ Retirement System of Alabama by the employer providing such increases under subsection (b) of this section.

(f) The Board of Control of the Employees’ Retirement System of Alabama shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent with this section.
Ala. Code § 36-25-21 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-21
Section 36-25-21 Reports Constitute Public Records; Reports Available for Public Inspection
Status: in_force

All reports filed pursuant to Sections 36-25-18 to 36-25-20, inclusive, are public records and shall be made available for public inspection during regular business hours.
Ala. Code § 36-27-90 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-90
Section 36-27-90 Survivor Allowance Adjustments
Status: in_force

The survivor allowance shall be adjusted as provided in Section 36-27-87(3) for those eligible retirees who have selected a monthly survivor allowance payable to a designated beneficiary upon the death of such retiree.
Ala. Code § 36-13-9 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-9
Section 36-13-9 Authority to Give State Agencies Powers and Duties Required to Implement Federal Laws, Regulations, Etc
Status: in_force

The Governor is hereby authorized and empowered to give, by his executive order, to existing agencies and instrumentalities of the state government, such powers and duties which are not in conflict with the Constitution of Alabama and which are not specifically prohibited by the then existing statutes as may be required to implement in Alabama any law, order, rule, regulation, program or plan promulgated by the federal government, or any agency or instrumentality thereof, for the welfare of the people of the United States, or as may be required, in his judgment, for the welfare of the people of the United States, or as may be required, in his judgment, for the welfare of the people of Alabama.
Ala. Code § 36-27-1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-1
Section 36-27-1 Definitions
Status: in_force

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) RETIREMENT SYSTEM. The Employees’ Retirement System of Alabama as defined in Section 36-27-2.

(2) EMPLOYEE. Any regular employee of the State of Alabama whose salary is paid by state warrant by the state, except a member of the Legislature of the state, a person who is covered or eligible to be covered under the Teachers’ Retirement System of Alabama or any other retirement system to which contributions are made by the state, an elective official of the state government, and a temporary employee or person engaged under retainer or special agreement. In all cases of doubt the Board of Control shall determine who is an employee within the meaning of this article. The term shall include any regular employee of the Alabama state hospitals and Partlow State School and Hospital and the Alabama State Port Authority, however paid.

(3) EMPLOYER. The State of Alabama or any department, commission, institution, or any other agency of and within the state by which an employee is paid, including employers as provided in Section 36-27-6.

(4) MEMBER. Any employee included in the membership of the system as provided in Section 36-27-4.

(5) BOARD OF CONTROL. The board provided for in Section 36-27-23 to administer the retirement system.

(6) MEDICAL BOARD. The board of physicians provided for in Section 36-27-23.

(7) SERVICE. Service as an employee paid for by an employer.

(8) PRIOR SERVICE. Service rendered prior to the date of establishment of the retirement system for which credit is allowable under Section 36-27-11.

(9) MEMBERSHIP SERVICE. Service as an employee rendered while a member of the retirement system and on account of which contributions are made.

(10) CREDITABLE SERVICE. “Prior service” plus “membership service” rendered since last becoming a member.

(11) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article.

(12) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control in accordance with subsection (f) of Section 36-27-25.

(13) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the Annuity Savings Fund, together with regular interest thereon, as provided in Section 36-27-24.

(14) EARNABLE COMPENSATION. The full rate of compensation that would be payable to an employee if he or she worked the full normal work-time. In cases where compensation includes maintenance, the Board of Control shall fix the value of that part of the compensation not paid in money. Earnable compensation shall not exceed the limitations imposed by Section 401(a)(17) of the Internal Revenue Code for public pension funds, except that any employee who was a member of the Employees’ Retirement System before the first plan year beginning after December 31, 1995, shall not be subject to the earning limitations set forth in Section 401(a)(17). For Tier I plan members, the term earnable compensation for retirement purposes shall not include subsistence payments that are made to a member and shall include overtime payments that are made to a member; however, earnable compensation shall not exceed 120 percent of any members’ annual base compensation as certified by the employer. For Tier II plan members, earnable compensation shall include overtime payments that are made to the member but shall not include subsistence payments that are made to the member and shall not exceed one hundred twenty-five percent (125%) of the member’s annual base compensation, as certified by the employer.

(15) AVERAGE FINAL COMPENSATION. For any Tier I plan member, the average annual compensation of the member, with respect to which he or she had made contributions pursuant to subsection (b) of Section 36-27-24 during the three years, in his or her last 10 years of creditable service for which the average is highest or during his or her entire period of creditable service if less than three years; except, that for any period prior to November 1, 1959, the compensation used in computing the average shall include compensation in excess of the maximum amount with respect to which members were required to contribute. For any Tier II plan member, the average annual compensation of the member, with respect to which he or she has made contributions pursuant to subsection (b) of Section 36-27-24 during the five years, in his or her last 10 years of creditable service for which the average is highest or during his or her entire period of creditable service if less than five years.

(16) ANNUITY. Payments for life derived from the “accumulated contributions” of a member. All annuities shall be payable in equal monthly installments.

(17) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.

(18) RETIREMENT ALLOWANCE. The sum of the “annuity” and the “pension.”

(19) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article.

(20) ANNUITY RESERVE. The present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.

(21) PENSION RESERVE. The present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.

(22) ACTUARIAL EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.

(23) STATE POLICEMAN. An employee in the classified service under the Merit System Act approved by the State Personnel Board to perform the duties of highway patrolman or a beverage control agent or a crime investigator. The term includes any employee of the Alabama State Law Enforcement Agency who is certified by the Alabama Peace Officers’ Standards and Training Commission and performs law enforcement duties. The term shall not include a member employed as a policeman under Section 36-27-6.

(24) TIER I PLAN. The defined benefit pension plan provided by the Retirement System to Tier I plan members.

(25) TIER II PLAN. The defined benefit pension plan provided by the Retirement System to Tier II plan members.

(26) TIER I PLAN MEMBER. Any member of the Retirement System who had service for which he or she received credit in the Employees’ Retirement System or in the Teachers’ Retirement System prior to January 1, 2013.

(27) TIER II PLAN MEMBER. Any member of the Retirement System who first began eligible employment with an Employees’ Retirement System or a Teachers’ Retirement System participating employer on or after January 1, 2013, and who had no eligible service in the Employees’ Retirement System or the Teachers’ Retirement System prior to January 1, 2013.
Ala. Code § 36-5-20 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-20
Section 36-5-20 Effect of Bonds Improperly Executed, Approved or Filed
Status: in_force

Whenever any officer required by law to give an official bond acts under a bond which is not in the penalty, payable and conditioned or without sureties of the requisite qualification and sufficiency as prescribed by law, such bond is valid and binding on the obligors therein and stands in the place of the official bond, subject, on its condition being broken, to all the remedies which the person aggrieved might have maintained on the official bond of such officer, executed, approved and filed according to law.
Ala. Code § 36-6-111 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-111
Section 36-6-111 Persons Eligible - 2008 Increase
Status: in_force

Beginning with the first pay day on or after October 1, 2008, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-112, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a three and one-half percent salary increase.
Ala. Code § 36-6A-6 — Alabama Code / Title 36 / Chapter 6A / Section 36-6A-6
Section 36-6A-6 Annual Report
Status: in_force

No later than October 1, 2026, and every October 1 thereafter until October 1, 2030, the State Personnel Department, the State Department of Education, and the Alabama Community College System shall submit to the Governor and the Legislature and make publicly available information regarding the implementation and use of parental leave by eligible employees for the previous fiscal year.
Ala. Code § 36-19-17 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-17
Section 36-19-17 Taking, Etc., of Testimony by Fire Marshal, Etc., During Investigations
Status: in_force

The Fire Marshal or his deputies, when in their opinion it is necessary, may take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or have means of knowledge in relation to the matter as to which an investigation is being held and shall cause the same to be reduced to writing.
Ala. Code § 36-20-70.1 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-70.1
Section 36-20-70.1 Performance of Notarial Acts by Licensed Professionals and Their Employees Who Are Commissioned as Notaries
Status: in_force

(a) For purposes of this section, the term “professional service” means any service or occupation that may be lawfully performed only pursuant to a license issued by a state court, state regulatory licensing board, or other similar agency, and the term “professional” refers to an individual who holds the license.

(b) Notwithstanding Section 36-20-70:

(1) A professional who is commissioned as a notary public, in the normal course of providing a professional service in exchange for a fee, commission, or other payment, may perform any acknowledgment or other notarial act that is required in order to provide the professional service; and

(2) An individual who is employed by a professional and who is commissioned as a notary public may perform any acknowledgment or other notarial act that is required in the normal course of providing a professional service for which the employing professional receives a fee, commission, or other payment.
Ala. Code § 36-11-19 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-19
Section 36-11-19 Drawing of Jury Where Member of County Commission, Etc., Subject to Impeachment Proceedings
Status: in_force

Whenever any information for the impeachment of any member of a county commission, jury commission or other board charged by law with the duty of drawing petit juries is filed in any court in this state having jurisdiction to hear and determine such information, or whenever any article of impeachment or other proceedings for the impeachment of any such member are filed or commenced in any such court, the judge of the circuit court shall, in the manner provided by law, draw the jury for the trial of such cases.
Ala. Code § 36-21-180 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-180
Section 36-21-180 Definitions
Status: in_force

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

(1) BOARD. The board of commissioners of the fund and any successors thereto.

(2) ERS. The Employees’ Retirement System of Alabama.

(3) EXECUTIVE DIRECTOR. The executive director of the board.

(4) FIREFIGHTER. Any firefighter as certified by the Alabama Firefighters Personnel Standards and Education Commission. The term also includes any volunteer firefighter who is a member of a certified volunteer fire department under Section 9-3-17.

(5) FUND. The Alabama Firefighters Annuity and Benefit Fund created in this article.

(6) MEMBER. Any firefighter who is a member of the fund and who is in good standing by virtue of having paid all sums required by this article.

(7) MEMBERSHIP SERVICE. The period of employment of a member as a firefighter from the date he or she becomes a member.

(8) MONTH. A period of 30 days.

(9) PRIOR SERVICE. The period of employment of a member as a firefighter from the time of initial employment as a firefighter to October 1, 2010.

(10) QUALIFIED SERVICE. The prior service plus membership service of a member.

(11) YEAR. A period of 365 days. The last year of employment as a firefighter when over six months of membership service shall constitute a year toward service retirement.
Ala. Code § 36-18-50 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-50
Section 36-18-50 Legislative Findings
Status: in_force

The Legislature finds, determines, and declares the following:

(1) Driving a vehicle while under the influence of alcohol or a controlled substance continues to be a major problem on the highways of our state and causes the death or injury of thousands of our citizens each year.

(2) The Legislature should use whatever authority is available to it to discourage driving a vehicle while under the influence of alcohol or a controlled substance, including the levying of fines therefor at a level which will discourage such activity.

(3) Administering and implementing a quality chemical testing program for alcohol and controlled substances is costly for the taxpayers and thus the convicted offender should bear a greater portion of the financial burden of the chemical testing program at the state and local level.

(4) The chemical breath testing program conducted by this state has reduced the number of deaths and injuries, and the program continues to be the most effective and the most efficient scientific method to accurately determine if a driver has too much alcohol or a controlled substance in his or her system which would affect his or her ability to safely operate a motor vehicle.

(5) The accuracy and reliability of the chemical testing procedures must be beyond reasonable doubt since a defendant may be convicted under Act 95-784 if the prosecuting attorney introduces a chemical test showing blood alcohol content of 0.08 percent or more.

(6) The Alabama Department of Forensic Sciences has properly upgraded the rules and regulations for breath testing to further insure that all tests meet scientific standards for accuracy and reliability as defined by the Supreme Court of Alabama in the case of Mayo v. City of Madison, SC #1921892, 652 So. 2d 201 (Ala. 1994).

(7) The Alabama Department of Forensic Sciences and the Alabama Department of Public Safety, without designated funding, have managed, supervised, and conducted all necessary training and in further partnership with city and county law enforcement officers, successfully implemented the breath testing program as required by legislative mandate and in accordance with all court rulings.

(8) The needs of the breath testing program are and should be intimately affected with the public interests.

(9) This article should be liberally construed to accomplish its purposes and to promote the policies contained therein which are declared to be the public policy of this state.
Ala. Code § 36-26-23 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-23
Section 36-26-23 Promotions
Status: in_force

Within the discretion of the director, vacancies in positions shall be filled, insofar as practicable, by promotion from among regular employees holding positions in the classified service. Promotion shall be based upon merit and competition.
Ala. Code § 36-8-1 — Alabama Code / Title 36 / Chapter 8 / Section 36-8-1
Section 36-8-1 “Military Service of the United States” Defined
Status: in_force

The term “military service of the United States,” as used in this chapter, shall include the Army of the United States, the United States Navy, the United States Air Force, the Marine Corps, the Coast Guard, any reserve or auxiliary component of any of the foregoing, the National Guard, those persons commissioned in the public health service and those persons entering into the service of any organization similar to those mentioned in this section hereafter formed by the government of the United States.
Ala. Code § 36-26-63 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-63
Section 36-26-63 Repealer
Status: reserved

The provisions of Section 36-26-10 in conflict with Sections 36-26-60 through 36-26-62 are hereby repealed.
Ala. Code § 36-21-195 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-195
Section 36-21-195 Effect of Modifications; Coverage for Retired Members Upon Return to Active Service
Status: in_force

(a) All rights, annuities, and benefits provided herein shall be subject to future change by the Legislature, and subject to future changes or revisions as provided in this article, and no current or future member or beneficiary shall be deemed to have any vested right in the fund or to any annuity or benefit provided in this article. However, when the board has approved a member’s application for a retirement annuity or benefit and the member has actually received benefits pursuant to the board’s determination for a period of two years, then the board’s determination as to the member’s years of qualified service shall be conclusive, and the board shall not thereafter arrive at a different determination except in the case of fraud or misrepresentation of any fact by the applicant.

(b) Any member who is receiving retirement benefits and returns to active fire fighting shall be covered under Section 36-21-189.