Ala. Code § 45-56-242.20 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.20
Section 45-56-242.20 Definitions
Status: in_force

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

(1) CODE. The Code of Alabama 1975, as amended. (2) COMMISSIONER. The Commissioner of Revenue of the state. (3) COUNTY. Randolph County. (4) COUNTY COMMISSION. The Randolph County Commission. (5) STATE. The State of Alabama. (6) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state. (7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(2) COMMISSIONER. The Commissioner of Revenue of the state. (3) COUNTY. Randolph County. (4) COUNTY COMMISSION. The Randolph County Commission. (5) STATE. The State of Alabama. (6) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state. (7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(3) COUNTY. Randolph County. (4) COUNTY COMMISSION. The Randolph County Commission. (5) STATE. The State of Alabama. (6) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state. (7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(4) COUNTY COMMISSION. The Randolph County Commission. (5) STATE. The State of Alabama. (6) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state. (7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(5) STATE. The State of Alabama. (6) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state. (7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(6) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state. (7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(7) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes. (8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(8) STATE SALES TAX STATUTES. Division 1, commencing with Section 40–23–1, of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein. (9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(9) STATE USE TAX. The tax or taxes imposed by the state use tax statutes. (10) STATE USE TAX STATUTES. Article 2, commencing with Section 40–23–60, of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

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

(b) Except where another meaning is clearly indicated by the context, all definitions set forth in the state sales tax statutes and the state use tax statutes shall be effective as definitions of the words, terms, and phrases used in this subpart. All words, terms, and phrases used herein, other than those hereinabove specifically defined, shall have the respective meanings ascribed to them in the state sales tax statutes and the state use tax statutes and shall have the same scope and effect that the same words, terms, and phrases have where used in the state sales tax statutes and the state use tax statutes.
Ala. Code § 45-45-110.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-110.01
Section 45-45-110.01 Health Insurance
Status: in_force

(a) During their term of office, members of the Madison County Board of Registrars and their dependents and the members of the Madison County Personnel Board and their dependents shall be eligible for coverage under the Madison County Health Insurance Plan. Upon expiration of their term of office, members of the board may continue the coverage for the maximum number of months provided by federal law.

(b) The premiums for the insurance coverage for the members of the Madison County Board of Registrars and their dependents and for the members of the Madison County Personnel Board and their dependents shall be paid as premiums for the other insured county employees are paid.

(c) The Madison County Health Insurance Board shall promulgate rules and regulations required for the effective administration of this section.
Ala. Code § 45-49-71.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-71.04
Section 45-49-71.04 Levy and Collection of Additional Privilege License Taxes, Excise Taxes, and Sales and Use Taxes
Status: in_force

(a) Subject to any limitation of the Constitution of Alabama of 1901, or of any general law of this state, the Mobile County Commission or other like governing body shall have the power to levy and collect additional privilege license taxes, excise taxes, and sales and use taxes. The revenue from any of the taxes authorized above shall be deposited into the county treasury to be used in the manner prescribed by the county commission.

(b) Any such additional tax levied by the governing body shall become law either with or without a referendum in the sole discretion of the governing body. In the event the county commission provides that the tax levied shall become law only upon approval of a majority of those voting in any election called for by the governing body for such purpose, then the election shall be held not less than 30 days nor more than 90 days after the county governing body adopts such a resolution.
Ala. Code § 45-14-240.06 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-240.06
Section 45-14-240.06 Offices of Tax Assessor and Tax Collector Abolished
Status: in_force

The offices of the Tax Assessor and Tax Collector of Clay County are hereby abolished effective the first day of October 1991, or upon the occurrence of a vacancy in the office of tax assessor or tax collector. In the event that the office of tax assessor or tax collector becomes vacant before October 1, 1991, the office of county revenue commissioner shall immediately come into being, and the remaining officer, tax assessor or tax collector, as the case may be, shall immediately assume the duties of the office of county revenue commissioner and shall perform such duties until a county revenue commissioner has been elected as provided herein. For the performance of such duties, he or she shall be entitled to the salary hereinabove prescribed for the county revenue commissioner.
Ala. Code § 45-40-80.04 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-80.04
Section 45-40-80.04 Supernumerary District Attorney
Status: in_force

(a) A supernumerary district attorney for the Thirty-sixth Judicial Circuit shall receive as additional compensation payable from the county general fund of the county within the circuit, an amount equal to the amount received by any retired circuit judge for the Thirty-sixth Judicial Circuit as authorized by general law and Section 45-40-80.02. The additional compensation provided in this section shall be supplemental to the salary or compensation paid to a supernumerary district attorney by the state and shall be paid out of the general fund in 12 equal monthly installments on warrants drawn against the fund.

(b) This section shall be applicable only to persons granted supernumerary status after May 7, 1992.
Ala. Code § 45-19-244.03 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-244.03
Section 45-19-244.03 Monthly Report - Purchasers and Transporters
Status: in_force

Purchasers and transporters of a product severed in Coosa County shall file a report with the department on forms prescribed by the department within 20 days after the end of each calendar month in which the purchaser or transporter purchased or transported earthen material or graphite severed in Coosa County. The report shall state the names and addresses of all producers in Coosa County from whom the purchaser or transporter has received the earthen material during the calendar month, the total quantity of earthen material or graphite so acquired, and, in the case of a transporter, to whom and where each ton of earthen material or graphite was delivered, and any other information as the commissioner may reasonably require for the proper enforcement of this part, including the routes traveled in transporting the gravel and the amounts of any privilege tax on the transportation. The report shall be signed by the purchaser or transporter in the case of an individual purchaser or transporter, or by a member, officer, or manager of the purchaser or transporter in all other cases.
Ala. Code § 45-37A-51.246 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.246
Section 45-37A-51.246 Board of Health Department Retirees’ Supplemental Benefit
Status: in_force

(a) Effective July 1, 2006, in addition to the benefits described herein for normal retirement, ordinary disability, and extraordinary disability, every participant retired from the health department who has retired under the pension system herein, immediately following having been in the board of health service, or who did not otherwise become eligible for a benefit calculated at 2.5 percent per year after July 1, 2006, any such retiree of the board of health shall receive an increase in the amount of seventy-five dollars ($75) per month; and any survivor of such retiree or participant shall receive an increased monthly benefit based upon the applicable percentage rate of benefit to which the survivor was otherwise entitled determined as of the date of death of such retiree or participant.

(b) No benefit shall be granted under this section until an actuarial determination has been made that there are sufficient funds within the system to fund the benefits. At any time the benefit increased may be discontinued or reduced in the event board of health participant contributions are not sufficient to pay all costs of the system. These increases may be changed or adjusted in the event revised by the employee pension benefit program. The increase herein provided may be changed if necessary or desirable to meet current or future state or federal laws or regulations. The board of managers shall approve the increase before it becomes effective.
Ala. Code § 45-41-242 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-242
Section 45-41-242 Levy of Tax
Status: in_force

In addition to all other taxes imposed by law, there is hereby levied a privilege or license tax in the amount hereinafter prescribed against every person engaging in Lee County in the business of renting or furnishing any room or rooms, lodging, or accommodations, to any transient in any hotel, motel, inn, tourist court, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The amount of the tax shall be equal to two percent of the charge for such rooms, lodgings, or accommodations, including the charge for use of rental of personal property and services furnished in such room or rooms.
Ala. Code § 45-48-50 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-50
Section 45-48-50 Office Abolished
Status: in_force

In Marshall County, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished.
Ala. Code § 45-49-90.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-90.03
Section 45-49-90.03 Certificate of Incorporation - Requirements
Status: in_force

(a) The certificate of incorporation of any corporation organized under this part shall set forth all of the following:

(1) The names and residences of the applicants together with a recital that each of them is an elector of and taxpayer in the county.

(2) The name of the corporation, which shall be the Industrial Park Board of Mobile County, if such name shall be available for use by the corporation and if not available, then the incorporators shall designate some other similar name that is available.

(3) A recital that permission to organize the corporation has been granted by a resolution duly adopted by the governing body of the county and, if applicable, any participating municipality and the date of the adoption of such resolution or resolutions.

(4) The location of the principal office of the corporation, which shall be in the county.

(5) The purposes for which the corporation is proposed to be organized.

(6) The number of directors of the corporation, which shall not be less than six.

(7) The period, if any, for the duration of the corporation; if the duration is perpetual, the fact should be stated.

(8) The manner in which net earnings of the corporation shall be disposed of periodically or upon a dissolution of the corporation.

(9) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this part or with the laws of the State of Alabama.

(b) The certificate of incorporation shall be subscribed and acknowledged by each of the applicants before an officer authorized by the laws of Alabama to take acknowledgements to deeds.
Ala. Code § 45-18-80 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-80
Section 45-18-80 Salary Supplements
Status: reserved

Repealed by Act 2013-302, §1, August 1, 2013.
Ala. Code § 45-2-221.08 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-221.08
Section 45-2-221.08 Application for Rescission of District Designation
Status: in_force

Applicants shall meet the following requirements in order for the county commission to consider rescission of a district designation:

(1) Notification of the county commission and the Baldwin County Historic Development Commission by registered mail or by personal presentation to the county commission in a regularly scheduled county commission meeting of the intent to submit an application for rescission of a district designation. Notification shall precede solicitation of the signatures on petitions which request rescission of the district designation.

(2) A percentage of district property owners not less than 70 percent shall petition the Baldwin County Commission for rescission of the designation.

(3) Copies of the application containing the information as required in this part must be received by the county commission and Baldwin County Historic Development Commission within the six-month period following receipt of the required notification from the applicant.

(4) If the completed application is not received by the county commission and Baldwin County Historic Development Commission within the prescribed six-month period, the issue will be considered dead and no application for rescission will be permitted within the following period of four years.
Ala. Code § 45-13-230 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-230
Section 45-13-230 Salary
Status: in_force

(a) This section shall be operative only in Clarke County.

(b) The Sheriff of Clarke County, Alabama, shall receive an annual salary equal to his or her current salary and expense allowances effective on the commencement of the next term of office of the sheriff beginning after August 31, 1993. The salary shall be paid in equal monthly installments from the county treasury and shall be in lieu of any other salaries or expense allowances heretofore provided by law for the sheriff.
Ala. Code § 45-37-60.10 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-60.10
Section 45-37-60.10 Liability for Actions
Status: in_force

The Coroner-Medical Examiners’ Commission, members of the Coroner-Medical Examiners’ Commission, the county governing body, members of the county governing body, the coroner-medical examiner, associate coroner-medical examiners, and their deputies shall incur no civil or criminal liability for any action taken under this part.
Ala. Code § 45-37A-231 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-231
Section 45-37A-231 Ad Valorem Taxation
Status: in_force

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

(1) AMENDMENT 56. That amendment to the constitution that was proposed by Act 383, H. 458, 1945 Regular Session.

(2) AMENDMENT 325. That amendment to the constitution that was proposed by Act 116, H. 56, 1971 Third Special Session.

(3) AMENDMENT 373. That amendment to the constitution that was proposed by Act 6, H. 170, 1978 Second Special Session.

(4) CITY. Homewood, Alabama.

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

(6) COUNCIL. Homewood City Council.

(7) SPECIAL TAX. The special ad valorem tax authorized in Amendment 56 and pursuant to an election held in the city on May 20, 1947, and levied and collected on taxable property in the city; being originally voted at the rate of 5 mills on each dollar of assessed value and, pursuant to proceedings heretofore taken under Amendment 325 and Amendment 373, presently levied at the rate of 9 mills on each dollar of assessed value.

(b) The city presently levies and collects the special tax at a rate of $.90 on each one hundred dollars (9 mills on each dollar) of assessed value pursuant to Amendment 56. Pursuant to a resolution adopted by the council in accordance with Amendment 373, the city proposes to increase (by 9.2 mills) the rate at which it may levy and collect the special tax to a maximum rate, for any tax year, which is equal to $1.82 on each one hundred dollars (18.2 mills on each dollar) of assessed value.

(c) Pursuant to subsection (f) of Amendment 373 and a resolution adopted by the council after a public hearing, the council may increase the rate at which the city levies and collects the special tax to a maximum rate, for any tax year, which is equal to $1.82 on each one hundred dollars (18.2 mills on each dollar) of assessed value, the increase of 9.2 mills on each dollar of assessed value to be used as follows: 4 mills for general municipal purposes and 5.2 mills to be paid over to the Homewood City Board of Education and used for public school purposes.

(d) The increase in the rate at which the special tax may be levied and collected pursuant to this section is subject to the approval of a majority of the qualified electors residing in the city who vote on the proposed increase at a special election called and held for such purpose pursuant to the provisions of subsection (f) of Amendment 373.
Ala. Code § 45-13-70.01 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-70.01
Section 45-13-70.01 Expense Allowance and Salary of County Commissioners
Status: in_force

(a)(1) Effective beginning May 1, 2025, the County Commissioners of Clarke County shall receive an annual expense allowance of eight thousand dollars ($8,000), payable in equal monthly installments from the general fund of the county.

(2) This expense allowance shall be in addition to all other compensation or benefits granted to the county commissioners and may be treated as compensation for retirement purposes.

(b) Effective beginning the next term of office after April 18, 2025, for any county commissioner, the annual salary of each county commissioner shall be increased by eight thousand dollars ($8,000), and the expense allowance provided in subsection (a) shall be void.

(c) The expense allowance and salary provided for in this section shall be in lieu of any other compensation for the county commissioners and shall supersede any law or part thereof providing for an expense allowance, salary, or other compensation for the county commissioners.
Ala. Code § 45-12-81.20 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-81.20
Section 45-12-81.20 Reimbursement of Judge of Probate
Status: in_force

(a) The Choctaw County Commission shall reimburse the office of judge of probate from the general fund of the county, the amount of any monetary loss, not to exceed a total payment of three thousand dollars ($3,000) per annum, arising or caused by error if the mistake or omission was caused without the personal knowledge of the judge of probate, including loss arising from acceptance of worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent.

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

(c) This section does not apply to any deliberate misuse or misappropriation of funds by the judge of probate, or by any official, clerk, or employee of the office of judge of probate.

(d) No judge of probate, or any official, clerk, or employee of his or her office shall be liable for worthless checks if the judge of probate makes a good faith effort to collect on the worthless checks.
Ala. Code § 45-51A-33.90 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.90
Section 45-51A-33.90 Election; Term; Qualification
Status: in_force

The first mayor shall be elected at the same election at which the council-men are elected under Section 45-51A-33.06 and shall hold office until the second Tuesday in November of that year ending in an odd number which would give him or her a term of office most closely approximating four years and until his or her successor is elected and qualified. The first mayor shall qualify and take office in the manner hereinafter prescribed on the second Monday following the date the election of all nine councilmen is completed or on the second Monday following the election of such mayor, whichever last occurs. The regular election for mayor shall be held on the second Tuesday in October of the year during which the term of the first mayor elected hereunder terminates and every four years thereafter. The mayor elected at any such regular election, shall on or before the second Tuesday of November following his or her election qualify by making oath that he or she is eligible for the office and will execute the duties of same according to the best of his or her knowledge and ability. The oath may be administered by any person authorized to administer an oath under the laws of Alabama. At any election for mayor the candidate receiving the highest number of votes for the office shall be elected thereto, provided such candidate receives a majority of all votes cast for such office. If at the first election a majority is not received by any candidate for the office of mayor, then a second election shall be held on the third Tuesday thereafter in the same mode and manner and under the same rules and regulations provided in Section 45-51A-33.06 with respect to the election of the first mayor.
Ala. Code § 45-40-244.02 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-244.02
Section 45-40-244.02 Filing of Monthly Report and Payment
Status: in_force

The tax levied under this part, except as otherwise provided, shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the tax accrues. On or before the twentieth day in each month after June 1, 2001, every person, corporation, partnership, firm, limited liability company, association, proprietorship, or other entity on whom or which the taxes levied by this part are imposed, shall render to the agency, on a form prescribed by the agency, a true and correct statement showing the gross proceeds of the business for the next preceding month, together with such other information as the agency may require, and at the time of making such monthly report the taxpayer shall compute the taxes due and shall pay to the agency the amount of taxes shown to be due. The agency, for good cause, may extend the time for making any return required under this part, but the time for filing any such return shall not be extended for a period greater than 30 days from the date such return is due to be made.
Ala. Code § 45-2-244.032 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.032
Section 45-2-244.032 Statement of Sales and Withdrawals; Other Information Required
Status: in_force

On or before the 20th day of each month after June 27, 1991, every person upon whom the excise tax is levied shall render to the County Commission of Baldwin County on forms prescribed by such county commission a true and correct statement of all sales and withdrawals of gasoline made by him, her, or them during the next preceding month, liable for payment of the excise tax imposed pursuant to the provisions of this subpart, and shall furnish to the Baldwin County Commission such additional information as the Baldwin County Commission may require upon blanks to be formulated and furnished by the Baldwin County Commission, and at the time of making such report shall pay to the Baldwin County Commission an amount of money equal to the excise tax levied under this subpart. The statement herein required to be made by the distributor, storer, or retail dealer shall be sworn to before some officer authorized to administer oaths, and any false statement sworn to shall constitute perjury and upon conviction thereupon the person so convicted shall be punished as provided by law for the crime of perjury.
Ala. Code § 45-36-83.45 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-83.45
Section 45-36-83.45 Special Indexing Fee
Status: in_force

Immediately on May 10, 1993, this section becomes applicable to Jackson County. A special indexing fee of four dollars ($4) shall be paid to the county and collected by the judge of probate, with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate and for the recording of other instruments and documents in the probate office at the discretion of the judge of probate of the county. On and after that date, no instrument shall be received for record in the office of the judge of probate unless the special indexing fee of four dollars ($4) is paid. The special indexing fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any real property instrument or personal property instrument and for the recording of other instruments and documents in the probate office in the discretion of the judge of probate of the county. The special index fee collected by the judge of probate and paid to the county, shall be deposited by the judge of probate to any bank in Jackson County and spent by the judge of probate at his or her discretion for the improvement of the office of the Judge of Probate of Jackson County. The fees collected under this section shall be controlled by the sole discretion of the judge of probate and shall be audited by the Department of Examiners of Public Accounts. The balance of index fees on deposit with the Jackson County Commission on May 10, 1993, shall be transferred to the index fee account of the judge of probate immediately after May 10, 1993.
Ala. Code § 45-3-70 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-70
Section 45-3-70 Membership; Qualifications; Chairperson; Terms
Status: in_force

After May 2, 2001, the Barbour County Commission shall continue to be composed of seven members elected from seven districts as currently provided and each member shall be a resident and qualified elector of the district he or she represents. The chair of the commission shall continue to be elected from among the membership in the same manner as elected on May 2, 2001. The term of the members of the commission shall continue to be six years. The composition of the county commission on May 2, 2001, is ratified and confirmed.
Ala. Code § 45-49-171.40 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-171.40
Section 45-49-171.40 Definitions
Status: in_force

For the purposes of this subpart, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:

(1) COUNTY COMMISSION. The County Commission of Mobile County, as it is duly constituted on July 14, 1983, and any subsequent duly constituted governing body of Mobile County.

(2) MEDICALLY INDIGENT PERSON. Any person who is a resident of Mobile County and who is ill, injured, and suffering whose condition can be helped or relieved by treatment in a hospital, but who is unable to pay the cost of hospital treatment, or who is able to pay only a portion of the cost of such hospital treatment.
Ala. Code § 45-8A-22.01 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.01
Section 45-8A-22.01 Definitions
Status: in_force

As used in this subpart, the following words have the following meanings:

(1) APPOINTING AUTHORITY. The city manager or as otherwise authorized pursuant to Section 45-8A-23.091.

(2) BOARD. The civil service board created by this subpart.

(3) CITY. The City of Anniston in Calhoun County.

(4) CIVIL SERVICE EMPLOYEE. Any person who is employed in the service of the city in the police department or fire department.

(5) GRANDFATHERED EMPLOYEE. Any person who is employed in the service of the city on April 2, 2014, in a position that is subject to the civil service system. A person to whom this subdivision applies shall remain a civil service employee for the purposes of this subpart unless the employee accepts a promotion or employment in a different position with the city, without regard to whether the different position was formerly subject to the civil service system, or unless the employee voluntarily opts-out of the civil service system through proper notice, as set forth in this subpart.
Ala. Code § 45-18-244.03 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-244.03
Section 45-18-244.03 Applicability of State Provisions
Status: in_force

All laws, rules, and regulations of the department relating to the manner and time of payment of the tax levied by Sections 40-25-1 to 40-25-28, inclusive, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this part as provided for in this part.
Ala. Code § 45-44-150.16 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-150.16
Section 45-44-150.16 Eligibility of Applicants and Licenses
Status: in_force

Any person who engages in the practice of professional gambling on greyhound dog races, or in the practice of making gambling or wagering books on such races, or who knowingly takes any part in such practices, or has been convicted of any charge of gambling, any felony, or any crime involving moral turpitude shall not be eligible as an applicant for any license or permit to operate a race track or a race meeting under this part. Any association, partnership, or corporation or related association, partnership, or corporation thereof, which has or has had within 10 years such a person as an officer, executive, stockholder, or director or who does or has within the past 10-year period knowingly employed any person who engages in such practices shall likewise be ineligible as a licensee and the racing commission is hereby empowered to inquire into such matters in considering any applications and otherwise administering this part.
Ala. Code § 45-18-243.03 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-243.03
Section 45-18-243.03 Monthly Report
Status: in_force

The tax levied by this part shall be collected by the State Department of Revenue at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the department a report in the form prescribed by the department. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transactions. The report shall also include items of information pertinent to the tax as the department may require. Any person subject to the tax levied by this part may defer reporting credit sales until after their collection, and in the event the person defers reporting them, the person shall thereafter include in each monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the report. All reports filed with the department under this section shall be available for inspection by the county commission, or its designee.
Ala. Code § 45-52-91 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-91
Section 45-52-91 Rural Morgan County Industrial Development Board
Status: in_force

(a) The Rural Morgan County Industrial Development Board, hereinafter referred to as the board, is created for the purpose of coordinating, encouraging, and planning for industrial development in rural Morgan County. The board shall be the successor to the East Morgan County Industrial Development Board created pursuant to Act 88-580 with all the powers and authority provided by law. The board may form or incorporate itself pursuant to any general law of this state and shall have such powers, duties, and responsibilities as are applicable to other local industrial development boards by general law. This section in no way grants the board an exclusive franchise or exclusive rights to coordinate, encourage, and plan for industrial development in the described area.

(b)(1) The board shall be composed of no more than seven members as follows:

a. Two members shall be appointed from the list of Morgan County qualified registered voters for a term of six years by the senator or senators who represent any portion of the area described in subsection (a). The qualified registered voters must reside in that area described in subsection (a).

b. Two members shall be appointed from the list of Morgan County qualified registered voters for a term of six years by the House of Representatives members who represent any portion of the area described in subsection (a). The qualified registered voters must reside in that area described in subsection (a).

c. Three members shall be appointed from the list of Morgan County qualified registered voters for a term of six years by the Morgan County Commission. The qualified registered voters must reside in that area described in subsection (a).

(2) Successor members shall be appointed by their appointing authorities for terms of office of six years each.

(3) The persons serving as members of the board August 1, 2008, shall continue to serve the balance of the term to which they were appointed prior to that date. Upon the expiration of each respective term, each successor member shall be appointed to the board according to the procedure and for the terms set forth in this section.

(c) Notwithstanding Act 2007-339 of the 2007 Regular Session (Acts 2007, p. 602), or any other statute to the contrary, the Morgan County Commission shall annually set aside eight percent of the county’s TVA payments paid in lieu of taxes, excluding the school and cities portion, to a fund in the county treasury to be known as the Rural Morgan County Industrial Development Fund (hereinafter referred to as the fund). The fund shall be administered by the county commission for the use and benefit of the projects of the board. Any grant funds shall be taken into account in meeting the formula mentioned in this section; however, in no event shall the amount be less than five percent of the county’s TVA payments paid in lieu of taxes, excluding the school and cities portion.

(d) The board shall provide an annual audit by a registered CPA or a licensed professional to be available upon request to the public. (e) This section shall in no way affect the allocation of a portion of the Tennessee Valley Authority in-lieu-of-taxes payment for a local legislative delegation office and certain grants as set forth in Act 2007-491 of the 2007 Regular Session (Acts 2007, p. 1047).
Ala. Code § 45-8-84 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-84
Section 45-8-84 Matrimony Fees
Status: in_force

The Judge of Probate of Calhoun County is hereby authorized, at his or her discretion, to charge for celebrating the rites of matrimony. Any such fee, when charged by the judge of probate, may be retained by the judge of probate.
Ala. Code § 45-38-141.04 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-141.04
Section 45-38-141.04 Board of Directors
Status: in_force

(a) The Lamar County Water Coordinating and Fire Prevention Authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization.

(b) The initial board of directors shall consist of the three citizens appointed to incorporate the authority and four other directors to be appointed within 45 days after the date the authority is incorporated as follows:

(1) The incorporator appointed by the Lamar County Commission shall serve an initial term of two years.

(2) The Lamar County Rescue Squad Association shall appoint one member from their association who shall serve an initial term of one year.

(3) The Lamar County Firefighters Association shall appoint one member from their association who shall serve an initial term of one year.

(4) With each incorporated municipality regardless of size having one vote in the selection, the elected mayors of all incorporated municipalities in Lamar County shall appoint one director who shall serve an initial term of two years.

(5) The chairs of the water authorities in Lamar County shall appoint one director who shall serve an initial term of two years.

(6) The incorporator appointed by the senator shall serve an initial term of three years and shall be chair of the board of directors during his or her initial term of office.

(7) The incorporator appointed by the member of the House of Representatives shall serve an initial term of three years.

(8) The county engineer shall be an ex officio nonvoting member of the board of directors.

(c) In the event an appointment is not made within 45 days after the date of incorporation, the Governor shall have the authority to make such appointment.

(d) As soon as may be practicable after the organization of the authority, an election shall be held by the board of directors to elect a vice-chair and a secretary-treasurer. After the initial term of three years for the chair, the board of directors shall elect a chair who shall serve two year terms. No chair shall serve more than two consecutive terms.

(e) Upon the expiration of the initial terms, directors shall serve a term of three years and vacancies shall be filled by the respective appointing authority that made the initial appointment. In the event of a vacancy in office due to death, disability, resignation, or impeachment, the unexpired term of such office shall be filled by appointment by the respective appointing authority making the initial appointment. No officer of the state or of any county or municipality, during his or her tenure as such officer, shall be eligible to serve as a director.

(f) Each director appointed shall be a duly qualified elector of that county and shall be a resident of and the owner of real property in that part of the service area of the authority which lies within that county. Directors shall not be eligible to serve for more than two consecutive terms. Each director shall be compensated in an amount not to exceed ten dollars ($10) per meeting attended but not to exceed one hundred twenty dollars ($120) per year. In addition, each director shall be entitled to a twenty-five dollar ($25) per diem expense allowance for each day spent on official business of the authority in the performance of his or her duties.

(g) If any director of the authority is absent from three consecutive, called, or scheduled meetings, he or she shall be removed from office and terminated as a member of the authority. Within 45 days after his or her removal, the appointing authority of such director shall make a replacement appointment. Upon failure of the appointing authority to make such replacement appointment within 45 days, the Governor shall appoint a director.

(h) Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama of 1901 and the general laws of the state for impeachment and removal of the officers mentioned in Section 175.

(i) The Lamar County Commission shall provide office space and staff for the authority.
Ala. Code § 45-45-82.51 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-82.51
Section 45-45-82.51 Legislative Findings
Status: in_force

The Legislature hereby finds and declares the following:

(1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit has the highest caseload in Alabama. The number of criminal cases has doubled during the last five years, resulting in a backlog of almost 4,500 cases, including approximately 18 capital murder cases. Some defendants have been awaiting trial for almost five years. The caseload facing prosecutors is staggering. Individual drug crime prosecutors are assigned in excess of 500 cases and it is not uncommon for each prosecutor to prepare to try 60 cases on a single week’s docket. The sheer number of criminal defendants is so large that judges cannot bring them all into the courtroom without violating an order of the Madison County Fire Marshal.

(2) While faced with these virtually insurmountable problems, the state budget for fiscal year 2004 has required the system to bear cuts so draconian that the judges will no longer be able to administer justice. Unless this subpart becomes law, judges’ staffs, which have not been increased since 1974, will be cut by 50 percent, 50 percent of the employees in the court administrator’s office will be terminated, and 25 percent of the clerks in the circuit court clerk’s office face termination, including two warrant magistrates. The Madison County District Attorney’s Office has already lost two staff attorneys and support staff for those attorneys, and this subpart would restore those positions.

(3) The Madison County Preservation of Justice Act would address this problem by raising selective court filing fees.
Ala. Code § 45-18-230 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-230
Section 45-18-230 Jail Store and Telephone System for Inmates
Status: in_force

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

(b)(l) The sheriff shall establish and maintain a Law Enforcement Fund in a bank located in Conecuh County. All proceeds collected under this section shall be deposited by the sheriff into the Law Enforcement Fund.

(2) The sheriff shall keep an account of all jail store sales, telephone usage fees, and transactions of the Law Enforcement Fund for audit by the Department of Examiners of Public Accounts. The jail store account, telephone system account, and Law Enforcement Fund shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.

(c) All profits realized in the operation of the jail store and telephone system shall be expended at the discretion of the sheriff for law enforcement purposes in Conecuh County that are in the interest of the public.

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

(e) Any actions relating to the operation of a jail store and telephone system in the county jail prior to June 18, 1999 are ratified and confirmed. Any existing proceeds derived from the operation of a jail store and telephone system in the county jail prior to June 18, 1999, shall be deposited into the Law Enforcement Fund created by this section.
Ala. Code § 45-51A-32.28 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.28
Section 45-51A-32.28 Powers of Board Members
Status: in_force

The members of the board shall be trustees of all the assets of the fund and shall have full power to invest and reinvest such assets in such stock, bonds, and other securities and properties as they may deem advisable, including preferred stocks, common stocks, debentures and unsecured obligations, undivided interest, interests in investment trusts, mutual funds, legal and discretionary common trust funds, group annuity and individual annuity contracts, and leases and real and personal property, either inside or outside of Alabama. The board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the assets of the fund may have been invested, as well as the proceeds of the investments and any monies belonging to the fund. The board may however appoint an investment trustee and delegate any or all of its powers relative to the handling, investment, and reinvestment of such assets. No member nor employee of the board, including the investment trustee hereinabove authorized, shall have any direct or indirect interest in the gains or profits of any investment made by the board, nor as a member of the board receive any pay or emolument for his or her services. No member or employee of the board shall directly or indirectly, for himself or herself or as an agent in any manner use the same, except to make such current and necessary payments as are authorized by the board.
Ala. Code § 45-42-100 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-100
Section 45-42-100 Compensation
Status: in_force

(a) Each member of the Limestone County Board of Education shall receive an additional expense allowance in the amount of two hundred fifty dollars ($250) per month. This expense allowance shall be in addition to any other expense allowances provided by law.

(b) Beginning with the next term of office, the monthly salary for each member of the Limestone County Board of Education shall be increased by two hundred fifty dollars ($250) payable in equal monthly installments from the general fund of the county and at that time, subsection (a) shall be inoperative.
Ala. Code § 45-10-81.02 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-81.02
Section 45-10-81.02 Additional Booking Fee in Certain Cases
Status: in_force

(a) In Cherokee County, a booking fee in the amount of twenty dollars ($20) shall be assessed against and collected from each person booked or incarcerated into the Cherokee County Detention Center and subsequently convicted. The fee assessed pursuant to this section shall be in addition to any fines, court costs, or other charges imposed.

(b) The booking fee imposed by this section shall be assessed against a defendant upon conviction by a court of law where the defendant is convicted. The clerk of the court shall enter the amount of the fee as provided in this section on the docket sheet and shall collect the fee in the same manner and the same time as court costs.

(c) The revenues derived from the booking fee shall be submitted to the Cherokee County Sheriff’s Department Law Enforcement Fund to be used by the Sheriff of Cherokee County for jail operations including, but not limited to, training fees, salaries, equipment, jail operational expenses, or other law enforcement uses as determined by the sheriff to best meet the needs of his or her agency. Notwithstanding the foregoing, the fee shall not be deemed a court cost based on collection by the clerk.

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

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

(f) Any revenues derived from this section shall be in addition to other funding sources for the Cherokee County Detention Center and the Cherokee County Sheriff’s Department and shall not reduce or replace any funding from any other sources.
Ala. Code § 45-8A-112.05 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-112.05
Section 45-8A-112.05 Civil Service Board - Compensation; Clerical Assistants and Legal Counsel
Status: in_force

Each member of the board and the chair of the board shall be paid two hundred dollars ($200) per month by the City of Oxford. The board may appoint clerical assistance and engage legal counsel of its own choice, except that for the purposes of Section 45-8A-112.13, the appointing authority for clerical assistance shall be the mayor.
Ala. Code § 45-18-70.08 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-70.08
Section 45-18-70.08 Assignment of Qualified Electors Based on Residency; Unassigned Voters
Status: in_force

(a) After April 22, 1986, the Conecuh County Board of Registrars is directed to place the names of each qualified elector in the proper precinct and voting box consistent with the residence address known to the board of registrars taken from the list of qualified electors. Where an elector’s residency is in question, the voter’s name shall be listed as an unassigned voter, until properly verified.

(b) The board of registrars shall cause notice to be given to the unassigned voters in any precinct, that unless they shall identify for assignment, their names shall be maintained on a separate list of unassigned qualified electors for the purpose of voting, but they shall not be assigned to a particular division of the precinct until they have identified for assignment. They may not vote unless they shall identify at the time of voting and sign an affidavit of residency in the division of the district at which they vote at the time of voting, and such vote shall be cast and counted in all respects as a challenged ballot.
Ala. Code § 45-52-243.25 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-243.25
Section 45-52-243.25 Violations
Status: in_force

If any distributor, storer, or retail dealer of gasoline or motor fuel in the county shall fail to make the reports or any of them as required in this subpart or shall fail to comply with any regulation adopted for the collection of the tax by the Morgan County Commission, within the time required for making such reports, or shall fail to pay the tax imposed within the time fixed for the payment thereof, the distributor, storer, or retail dealer shall be guilty of a Class C misdemeanor, and upon conviction thereof shall be punished for each offense as otherwise provided by law.
Ala. Code § 45-49-181.12 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-181.12
Section 45-49-181.12 Rulemaking Authority; Exemptions; Use of Private Roads
Status: in_force

(a) The county commission may adopt the necessary rules for the construction of county maintained roads in the county. The county commission may adopt rules regarding the planning and construction of streets and roads within subdivisions. Subdivision rules shall be adopted or amended by first holding a public hearing thereon after due notice thereof as otherwise required by law for similar matters requiring a public hearing.

(b) Exempt and excluded from the definition of a subdivision and exempt from the laws and regulations pertaining to subdivisions shall be the division of a tract of land into parcels or property containing five acres or more each.

(c) The county commission may authorize the use of private paved roads, provided all of the following conditions are satisfied:

(1) A recorded plat shall be required for a proposed subdivision that incorporates a private road or contains property situated adjacent to a private road.

(2) The private road or roads shall be plainly marked and identified on the plat as a “private road - not to be maintained by the State of Alabama or Mobile County.”

(3) The private road or roads shall have a minimum right-of-way width of 50 feet, unless waived by the county engineer, due to special or unique circumstances of the proposed development, and shall provide continuous paved access to a publicly maintained road. .
Ala. Code § 45-57-244.32 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244.32
Section 45-57-244.32 Exemptions
Status: in_force

There shall be exempted from the computation of any tax due hereunder all of the following:

(1) The gross proceeds accruing from the leasing or renting of film to lessee who charges, or proposes to charge, admission for viewing same. (2) The gross proceeds accruing from any charge in respect of the use of docks or docking facilities furnished for boats or other craft operated on waterways. (3) The gross proceeds accruing from any charge made by a landlord to tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of real property leased by the same landlord to the same tenant for use as a residence or dwelling place, including manufactured homes. (4) The gross proceeds accruing from the leasing or renting of tangible personal property to a lessee who acquires possession of the property for the purpose of leasing or renting to another the same property under a leasing or rental transaction subject to tax hereunder. (5) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for consideration. (6) The gross proceeds accruing from the leasing or renting of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state. (7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(2) The gross proceeds accruing from any charge in respect of the use of docks or docking facilities furnished for boats or other craft operated on waterways. (3) The gross proceeds accruing from any charge made by a landlord to tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of real property leased by the same landlord to the same tenant for use as a residence or dwelling place, including manufactured homes. (4) The gross proceeds accruing from the leasing or renting of tangible personal property to a lessee who acquires possession of the property for the purpose of leasing or renting to another the same property under a leasing or rental transaction subject to tax hereunder. (5) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for consideration. (6) The gross proceeds accruing from the leasing or renting of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state. (7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(3) The gross proceeds accruing from any charge made by a landlord to tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of real property leased by the same landlord to the same tenant for use as a residence or dwelling place, including manufactured homes. (4) The gross proceeds accruing from the leasing or renting of tangible personal property to a lessee who acquires possession of the property for the purpose of leasing or renting to another the same property under a leasing or rental transaction subject to tax hereunder. (5) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for consideration. (6) The gross proceeds accruing from the leasing or renting of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state. (7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(4) The gross proceeds accruing from the leasing or renting of tangible personal property to a lessee who acquires possession of the property for the purpose of leasing or renting to another the same property under a leasing or rental transaction subject to tax hereunder. (5) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for consideration. (6) The gross proceeds accruing from the leasing or renting of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state. (7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(5) The gross proceeds accruing from any charge made by a landlord to a tenant in respect to the leasing or furnishing of tangible personal property to be used on the premises of any room or rooms, lodging, or accommodations leased or rented to transients in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for consideration. (6) The gross proceeds accruing from the leasing or renting of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state. (7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(6) The gross proceeds accruing from the leasing or renting of tangible personal property which the county is prohibited from taxing under the Constitution or laws of the United States or under the constitution or laws of the state. (7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(7) The gross proceeds accruing from the leasing or renting of nuclear fuel assemblies together with the nuclear material contained therein and other nuclear material used for or useful in the production of electricity and assemblies containing ionizing radiation sources together with the ionizing radiation sources contained therein used or useful in medical treatment or scientific research. (8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(8) The gross proceeds accruing from a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer for operation over public roads and highways, and the lessor furnishes a driver for each vehicle, and the transaction shall be deemed to constitute the rendition of service and not a leasing or rental within the meaning of the subpart. (9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

(9) The gross proceeds accruing from the leasing or renting of vehicles in interchange between regulated motor carriers on a per diem basis. (10) The gross proceeds accruing from the leasing or renting of all structures, devices, facilities, and identifiable components of any thereof acquired primarily for the control, reduction, or elimination of air or water pollution and the gross proceeds accruing from the leasing or renting of all materials used or intended for use in structures built primarily for the control, reduction, or elimination of air and water pollution.

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

(11) The gross proceeds derived by the lessor, which term includes a sublessor, from the leasing or renting of tangible personal property when the lessor and lessee, which term includes sublessee, are wholly-owned subsidiary corporations of the same parent corporation or one is the wholly-owned subsidiary of the other, provided that the appropriate sales or use tax, if any was due, has been paid on the item of personal property, and provided further, that in the event of any subsequent subleasing of the tangible personal property to any person other than the sister, parent, or subsidiary corporation, any privilege or license tax due and payable with respect to the subsequent subleasing under this subpart shall be paid.

(12) The gross proceeds accruing from the leasing or renting of medical equipment.

(13) The gross proceeds accrued or accruing from any leases or rental contracts in effect before October 1, 2000, provided, however, that the exemption hereby afforded shall not apply to any renewal or extension of the leases or contracts and shall not apply to gross proceeds accruing after one year from October 1, 2000.

(14) The gross proceeds accruing from a transaction which involves the leasing or renting of vessels or railroad equipment engaged in interstate or foreign commerce, or both.

(15) The gross proceeds accruing from the leasing or renting of aircraft replacement parts, components, systems, sundries, and supplies affixed or used on the aircraft and all ground support equipment and vehicles used by or for the aircraft to or by a certified or licensed air carrier with a hub operation within this county, for use in conducting intrastate, interstate, or foreign commerce for transporting people or property by air. For the purpose of this subdivision, the words hub operation within this county shall be constructed to have all the following criteria:

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

b. Passengers or property, or both, are regularly exchanged at the location between flights of the same or a different certified or licensed air carrier.
Ala. Code § 45-17-90.05 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-90.05
Section 45-17-90.05 Executive Director
Status: in_force

The authority may employ an executive director, who shall be its chief administrative officer and serve as secretary to the board. The board of the authority shall fix the salary of the executive director who shall serve at its pleasure. The executive director may, with prior approval of the board of the authority, employ clerical and other assistants who shall serve at the pleasure of the board. The authority, through the board, may require the executive director and any employees to be bonded for the faithful performance of their duties before they enter upon the discharge of their duties.
Ala. Code § 45-45-241.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-241.01
Section 45-45-241.01 Optimist Boys Center, Inc
Status: in_force

All property owned by the Optimist Boys Center, Inc., a Madison County nonprofit corporation organized under Section 10-4-250, and used for the promotion or betterment of the community, is hereby exempted from all county and local ad valorem taxation.
Ala. Code § 45-57-150.07 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.07
Section 45-57-150.07 Charitable and Educational Purposes
Status: in_force

No less than 100 percent of the net proceeds of a bingo game shall be designated and expended for charitable or educational purposes. Net proceeds means gross proceeds less reasonable expenses incurred or paid in connection with the holding, operating, or conducting of bingo, including the following bona fide expenses, in reasonable amounts:

(1) The purchase or rental of equipment necessary for conducting bingo and payment of services reasonably necessary for the repair and maintenance of equipment.

(2) Payment of cash prizes or the purchase of prizes of merchandise.

(3) Reasonable rental or mortgage payment on the location at which bingo is conducted.

(4) Insurance on the facilities and liability coverage, as is reasonable for the operation of bingo.

(5) Utilities.

(6) Janitorial services.

(7) The fee required for issuance or reissuance of a permit to conduct bingo.

(8) Other reasonable expenses incurred by the permit holder, not inconsistent with this article.
Ala. Code § 45-26-231 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-231
Section 45-26-231 Records of Abandoned and Stolen Property; Storage
Status: in_force

(a) The sheriff shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriffs department. These records shall state the description of the property, the date of recovery of the property, the serial or other identifying number of the property, and the place of recovery of the property. The records shall be open to public inspection at all reasonable times.

(b) All abandoned or stolen property recovered by the sheriff’s department shall be stored in a suitable place to protect the property from deterioration.
Ala. Code § 45-28-80.03 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-80.03
Section 45-28-80.03 Part-Time Bailiffs
Status: in_force

(a) In Etowah County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to each part-time bailiff in the Sixteenth Judicial Circuit, an increase in salary in such an amount as will, together with any amount paid by the state as salary, compensation, or expense allowance, make the total paid to such bailiffs equal fifty dollars ($50) per day. If at any time in the future, as compensation or expense allowance increases are made by the state, then the amount paid to such bailiffs shall be increased in that amount.

(b) The amount paid under this section shall be paid out of the county general fund and shall be paid only when the bailiffs serve as such.
Ala. Code § 45-10-201.01 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-201.01
Section 45-10-201.01 Motor Vehicles Taxes; Certificate of Titles
Status: in_force

The office shall perform all duties relating to the assessment and collection of taxes on motor vehicles in the county and issue applications for certificates of title on vehicles, which have heretofore been performed by the tax collector, tax assessor, and the probate judge. The license commissioner shall receive the commissions and fees for performing these functions, and such fees and commissions shall be remitted to the county general fund. Reporting and remitting of the tax shall be made at the same time as other reports and remittances are now made.
Ala. Code § 45-37-123.110 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.110
Section 45-37-123.110 Forfeiture of Unpaid Benefits or Contributions; Reinstatement
Status: in_force

(a) To the extent allowed by law, in the event that all or any portion of the benefit payable to a missing participant or missing beneficiary shall remain unpaid either: (i) with respect to a nonvested member, for more than five years following the member’s separation from service of the county; or (ii) with respect to a vested member, for more than five years following the applicable date, as may be set forth in any administrative policies established pursuant to Section 45-37-123.22(b)(5), the amount of the missing participant’s or missing beneficiary’s benefit, as applicable, or employee contributions, or both, in the sole discretion of the pension board, may be forfeited, subject to reinstatement as provided in subsection (b). During any period of forfeiture, the missing participant or missing beneficiary shall not be treated as a member under the plan. Prior to the forfeiture of a missing participant’s or missing beneficiary’s benefit or employee contributions, or both, the system shall attempt to locate the missing participant or missing beneficiary through reasonable search efforts, which efforts shall be determined by the pension board in its sole discretion.

(b) In the event a missing participant or missing beneficiary is located subsequent to the forfeiture of the missing participant’s or missing beneficiary’s benefit or employee contributions, or both, pursuant to subsection (a), the benefit or employee contributions, or both, shall be restored by the pension board without interest; provided, however, that a benefit or employee contribution lost by reason of escheat under applicable state law is not treated as a forfeiture for purposes of this section nor as an impermissible forfeiture under the Internal Revenue Code. In the event that a nonvested missing participant dies subsequent to a forfeiture of his or her employee contributions pursuant to subsection (a), but before being located pursuant to this subsection, the participant’s refund shall be permanently forfeited and there shall be no designated beneficiary or other beneficiary for the refund. In no event shall any forfeiture under the plan result in an increase in the benefit to be paid to any member.
Ala. Code § 45-27-245.05 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-245.05
Section 45-27-245.05 Disposition of Funds
Status: in_force

The net proceeds of the taxes levied herein remaining after direct out-of-pocket collection costs are deducted shall be distributed as follows:

(1) Eighteen percent of the net proceeds shall be paid into the county general fund for general county purposes.

(2) Eighty-two percent of the net proceeds shall be divided on a pro rata basis to the Escambia County Board of Education and the Brewton City Board of Education on the ratio of students in each system based on the first 40 days of average daily membership in each respective school system.
Ala. Code § 45-45A-31.23 — Alabama Code / Title 45 / Chapter 45A / Section 45-45A-31.23
Section 45-45A-31.23 Standards for Admission
Status: in_force

(a) The city judge may consider an offender for the pretrial diversion program based on any of the following circumstances:

(1) There is a probability justice will be served if the offender is placed in the program.

(2) It is determined the needs of the state, city, and the offender can be met through the program.

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

(4) It appears the offender is not likely to be involved in further criminal activity if the offender complies with all conditions imposed pursuant to the program.

(5) The offender will likely respond to rehabilitative treatment or counseling.

(6) The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender.

(b) The city judge may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Ala. Code § 45-29-90.24 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-90.24
Section 45-29-90.24 Construction of Article
Status: in_force

This article shall be considered supplemental and additional to any and all other laws and confers sufficient power in and of itself for the purposes set forth herein. This article shall be liberally construed to effectuate its purpose of facilitating the development of the resources of the Tom Bevill Reservoir Management Area. This article shall be self-executing.
Ala. Code § 45-52A-33 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-33
Section 45-52A-33 Overgrown Grass or Weeds May Be Declared a Public Nuisance and Abated
Status: in_force

An abundance of overgrown grass or weeds within the City of Decatur which is injurious to the general public health, safety, and general welfare by providing breeding grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insects, and pests; or attaining heights and dryness so as to constitute a serious fire threat or hazard; or bearing wingy or downy seeds, when mature, that cause the spread of weeds and, when breathed, irritation to the throat, lungs, and eyes of the public; or hiding debris, such as broken glass or metal, which could inflict injury on a person going upon the property; or being unsightly; or a growth of grass or weeds, other than ornamental plant growth, which exceeds 12 inches in height, may be declared to be a public nuisance and abated as provided in this article.
Ala. Code § 45-52A-33.01 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-33.01
Section 45-52A-33.01 Notice Ordering Abatement; Hearing
Status: in_force

(a) Whenever in the opinion of the city official or any other city employee designated by the mayor, a nuisance exists, the official shall order the owner of the property on which the nuisance is located to abate the condition.

(b) The enforcing official shall give the owner written notice in person or by first class mail. The notice shall require the owner to abate the condition within the time stated in the notice or to request a hearing before an administrative official of the city designated by the mayor or council to determine whether there has been a violation. The notice shall apprise the owner of the facts of the alleged nuisance and shall name the particular date, time, and place for the hearing if requested by the owner.

(c) The notice shall be sent to that person shown by the records of the county to have been the last person assessed for payment of ad valorem tax on the property where the nuisance is situated. It shall be the responsibility of that person to promptly advise the enforcing official of a change of ownership or interest in the property.

(d) The notice shall also be posted in a conspicuous place on the property.

(e) The notice shall require the owner to complete abatement of the nuisance within 14 days from the date of notice, provided the enforcing official may stipulate additional time, but in no case more than 28 days.

(f) A hearing before the administrative official shall be requested within five days of the date of the notice by the enforcing official. The enforcing official shall notify the owner by personal service or by first class mail of the determination of the administrative official. If the administrative official determines that a nuisance exists, the owner shall comply with the initial order to abate issued by the enforcing official, with modifications as may be made by the administrative official.
Ala. Code § 45-45-82.56 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-82.56
Section 45-45-82.56 Use of Funds
Status: in_force

If the Administrative Office of Courts refuses to enter into or withdraws from a memorandum of understanding to receive the appropriation and maintain the employees of the Twenty-third Judicial Circuit, then the county commission shall use a portion of the Judicial Administration Fund to assist the Twenty-third Judicial Circuit as the commission deems appropriate. Implementation of this subpart shall not affect the appropriation to the Madison County District Attorney’s Office.
Ala. Code § 45-3A-30.02 — Alabama Code / Title 45 / Chapter 3A / Section 45-3A-30.02
Section 45-3A-30.02 Payment of Taxes; Records; Penalty
Status: in_force

(a) The tax levied by this part, except as otherwise provided, shall be due and payable to the City of Clayton, the Barbour County Commission, or Department of Revenue, or other collection agent as may be designated by resolution of the city governing body, on or before the 20th day of the month next succeeding the month in which the tax accrues. On or before the 20th day of each month, every person on whom the tax is levied by this part shall render to the designated collection agent on a form prescribed by the agent, a true and correct statement showing the gross proceeds of the business subject to the tax for the then preceding month, together with other information as the designated collection agent requires. At the time of making the monthly report, the taxpayer shall compute and pay to the designated collection agent the amount of tax shown due. A person subject to the tax who conducts business on a credit basis may defer reporting and paying the tax until after the person has received payment of the items, articles, or accommodations furnished. In the event the taxpayer defers reporting and paying the taxes, he or she shall thereafter include in each monthly report all credit collections made during the then preceding month and shall pay the amount of taxes computed thereon at the time of filing the report.

(b) It shall be the duty of every person engaged or continuing in a business subject to the tax levied by this part to keep and preserve suitable records of the gross proceeds of the business and other books or accounts necessary to determine the amount of tax for which he or she is liable pursuant to this part. The records shall be kept and preserved for a period of two years and shall be open for examination at all times by the designated collection agent or by a duly authorized agent, deputy, or employee of the agent.

(c) A person who fails to pay the tax levied by this part within the time required by this part shall pay in addition to the tax a penalty of 10 percent of the amount of tax due, together with interest from the date on which the tax became due and payable at the rate due and payable on the state lodging tax. The penalty and interest shall be assessed and collected as a part of the tax. The designated collection agent may, if good and sufficient reason be shown, waive or remit the penalty or a portion of the penalty.
Ala. Code § 45-46-243.03 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-243.03
Section 45-46-243.03 Application of State Provisions
Status: in_force

All laws, rules, and regulations of the department relating to the manner and time of payment of the tax levied by Sections 40-25-1 to 40-25-28, inclusive, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this subpart as provided for in this subpart.
Ala. Code § 45-35-81.01 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-81.01
Section 45-35-81.01 Additional Court Costs - Criminal and Civil Cases
Status: in_force

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

(b) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Houston County, an additional docket fee of twenty dollars ($20) shall be assessed in each case. The fee shall be collected in all cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest.

(c) In all civil cases filed in small claims court, district court, or circuit court, including child support and domestic relations cases, an additional fee in the amount of twenty dollars ($20) per case shall be assessed in each case.

(d) Any fees collected pursuant to this section shall be disbursed monthly as follows:

(1) Ten dollars ($10) of the fee shall be distributed to the Houston County General Fund for the operation of the county jail.

(2) Ten dollars ($10) shall be distributed to the district attorney’s office or to the fund that may be hereafter prescribed by law for the district attorney’s office.

(e) Fees authorized by this section shall be in addition to and not in lieu of any other fees or costs and shall not be waived or remitted unless all fees are waived.
Ala. Code § 45-2-100.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-100.01
Section 45-2-100.01 Compensation - Board of Education
Status: in_force

Each member of the Baldwin County Board of Education, in addition to any other compensation provided by law, shall receive the same mileage reimbursement as paid to employees of the Baldwin County Board of Education for actual mileage to and from official meetings of the board.
Ala. Code § 45-41A-41.08 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-41.08
Section 45-41A-41.08 Identifying Owner of Vehicle
Status: in_force

In the event the evidence produced by a photographic traffic signal enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this part. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.
Ala. Code § 45-49-251.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-251.01
Section 45-49-251.01 Expense Allowance for Board Members
Status: in_force

Each member of the board of directors of any authority which operates a public water system, a public sewer system, or a fire protection facility in Mobile County and which serves 6,500 or more customers, in addition to any other compensation, shall receive an expense allowance for performance of his or her duties in an amount of fifty dollars ($50) for each duly called and attended special meeting of the board of directors. Notwithstanding the foregoing, the expense allowance for special meetings attended shall not exceed one thousand eight hundred dollars ($1,800) per year per member.
Ala. Code § 45-37-121.04 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.04
Section 45-37-121.04 Duties of County and Municipal Officials
Status: in_force

It shall be the duty of all elective officials in authority of either the counties or municipalities affected by this part to aid in all proper ways in carrying into effect this part and the rules and regulations prescribed from time to time thereunder, and especially at the request of the director of personnel to allow him or her the use of public buildings and heat and lights for the purpose of conducting examinations of applicants and investigations as provided by this part.
Ala. Code § 45-40-142.02 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.02
Section 45-40-142.02 Creation of Fire District; Request for Incorporation; Certificate of Incorporation
Status: in_force

(a) A fire district may be created when the board of directors of a volunteer fire department submits a request to the county association to incorporate the department as a fire district, and the county association forwards the request to the county commission with a recommendation for approval.

(b) The request by a volunteer fire department to the county association shall include all of the following:

(1) A concise legal description of the service area of the proposed fire district, including a map delineating the fire district boundaries.

(2) Bylaws that provide for a board of directors, including the number, method of election, and governance, in accordance with the requirements adopted by the county association pursuant to Section 45-40-142.01 or as otherwise required by Section 45-40-142.04.

(3) The location of the fire district headquarters.

(4) A plan for dissolution of the fire district, including the distribution of fire district funds and property, in accordance with the requirements adopted by the county association pursuant to Section 45-40-142.01 or as otherwise provided by Section 45-40-142.14.

(5) A request by the board of directors of the volunteer fire department to the county commission that the county commission adopt a resolution that authorizes incorporation of the fire district.

(c) Upon adoption by the county commission of a resolution authorizing incorporation of a fire district, the board of directors of the volunteer fire department shall file with the judge of probate of the county a certificate of incorporation that shall include all of the following:

(1) The names of the individual board members organizing the district with a statement that each is a qualified elector of the county.

(2) The fact that the fire district is to be perpetual, subject to dissolution in accordance with the requirements adopted by the county association pursuant to Section 45-40-142.01 or as otherwise provided by Section 45-40-142.14.

(3) A copy of the request to create a fire district that was submitted to the county association and forwarded to the county commission, containing the information described in subsection (b).

(4) A certified copy of the resolution of the county commission authorizing incorporation of the fire district.

(5) A certificate from the Secretary of State that the proposed name of the fire district is not identical or nearly similar to that of any other corporation organized under the laws of the State of Alabama.

(6) The notarized signatures of the individual board members organizing the district as presented in subdivision (1).
Ala. Code § 45-33-231 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-231
Section 45-33-231 Jail Store and Telephone System; Sheriff’s Jail Fund
Status: in_force

(a) The Sheriff of Hale County is authorized to operate a jail store and contract telephone installation for inmates within the confines of the county jail. The jail store and inmate telephones shall be operated to serve the needs of the county jail population.

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

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

(d) Any and all monies collected as outlined in subsection (a) prior to May 22, 1997 shall be transferred into the Sheriff’s Jail Fund.

(e) The establishment of the Sheriff’s Jail Fund and the use of such funds shall in no way diminish or take the place of any other source of income established for the sheriff or the operation of his or her office.

(f) The Department of Examiners of Public Accounts is authorized to audit the monies annually and submit a copy of the audit to the sheriff within 30 days of its completion.
Ala. Code § 45-57-10 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-10
Section 45-57-10 Disclaimer
Status: reserved

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

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

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

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

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

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

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

(c)(1) The classification and organization of this chapter, the parts, subparts, sections, and other hierarchy units of this chapter, and the headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom. (2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-3-84.68 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-84.68
Section 45-3-84.68 Application for Renewal
Status: in_force

The judge of probate may mail to any person to whom a motor vehicle license has been previously issued an application for renewal of a license required to be returned prior to the expiration date of the license. The application for renewal may be in the form of a postcard and shall contain sufficient information to adequately identify and process the renewal. The signature of the licensee on the application and proper remittance shall constitute sufficient authority for the judge of probate to issue the license and return the license to the licensee by mail. The county commission may establish a fee to be entitled “Mail Order Fee” in an amount not to exceed three dollars ($3) to pay the cost of this mailing procedure. The fee shall be collected by the judge of probate at the time of issuance and paid over to the general fund of the county as are other fees and commissions.
Ala. Code § 45-37A-331.05 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.05
Section 45-37A-331.05 Power and Jurisdiction of Municipal Court; Contesting Liability; Fines and Costs; Affirmative Defenses
Status: in_force

(a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing the civil fines and costs set out in this part.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) There was no sign installed as required by this part near the red light at which the violation allegedly occurred warning that an automated red light camera device was being used.

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

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

(1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after same is mailed as set out in subsection (a) of Section 45-37A-331.04.

(2) Within the 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.
Ala. Code § 45-57A-62.23 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-62.23
Section 45-57A-62.23 Insufficient Funds
Status: in_force

If at any time there is an insufficient amount of money in the fund to pay each person entitled to the benefits, each beneficiary shall receive payment on a pro rata basis.
Ala. Code § 45-57-150.01 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.01
Section 45-57-150.01 Qualified Organizations
Status: in_force

The operation of bingo games for prizes or money by qualified organizations or qualified clubs for bona fide charitable, educational, or other lawful purposes shall be legal in Russell County, subject to this article.
Ala. Code § 45-29-243.02 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-243.02
Section 45-29-243.02 Enforcement
Status: in_force

It shall be the duty of the county commission of Fayette County to enforce this part upon its imposing the tax thereunder, and it shall have the right itself, or its members or its agents, to examine the books, reports, and accounts of every dealer, storer, or distributor engaged in the business for which the tax is hereby levied and to make any and all rules and regulations necessary and proper for the collection of such tax. Provided, however, upon resolution of the Fayette County Commission, the State Department of Revenue is hereby authorized and directed to collect all taxes now or hereafter levied by the county under this part. The tax hereby levied shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 through Section 40-25-28. The State Department of Revenue, if requested by resolution of the Fayette County Commission, to collect all county privilege licenses or taxes specified in Section 45-29-243, for as long as the department is requested to collect the levies, shall have the same duties relative to the preparation and sale of stamps to evidence the payment of such tax that it has relative to the preparation and sale of stamps under those sections and may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax hereby levied that it does relative to the collection of that tax. However, in the event the required stamps are not available for affixing to tobacco products packages and containers or, by the authority of a duly promulgated regulation eliminating the requirement of affixing stamps and replacing such requirement, a monthly reporting system approved by the Department of Revenue shall be accepted as evidence of payment of such taxes.
Ala. Code § 45-52-150.11 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-150.11
Section 45-52-150.11 Violations
Status: in_force

Any person who violates this article shall be guilty of a Class C misdemeanor upon first conviction under this article. Any subsequent conviction shall be a Class A misdemeanor.
Ala. Code § 45-57-80.01 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-80.01
Section 45-57-80.01 Filing for Record and Preservation of Orders and Judgments
Status: in_force

(a) That in the Twenty-sixth Judicial Circuit of Alabama, all orders and decrees may be made and entered by circuit judges sitting in and for the circuit on a sheet or sheets now commonly called case action summaries and that there shall be a case action summary for each case docketed in the courts properly identified by the style of the case and a case number.

(b) That after all orders and judgments have been made and entered, in any case, by the circuit judge or judges sitting in and for the circuit, the clerk of the circuit court of the circuit shall file the sheets in numerical order in well bound books labeled minute books and the judgments or orders shall have the same force and effect as minutes of the circuit court of the circuit prior to April 23, 1985.
Ala. Code § 45-47-231.21 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-231.21
Section 45-47-231.21 Applicability
Status: in_force

This subpart shall apply to all law enforcement officials and employees in the service of the county or any board, agency, or instrumentality thereof except:

(1) Persons holding elective offices.

(2) Members of appointive boards, commissions, and committees.

(3) Persons whose employment is subject to the approval of the United States government or any agency thereof.
Ala. Code § 45-55-81.41 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.41
Section 45-55-81.41 Bond of Judge of Probate
Status: in_force

Before entering upon the additional duties imposed by this subpart, the judge of probate shall execute an additional bond in a sum prescribed by the county commission, giving as surety thereon a bonding company authorized to do business in this state. The bond shall be conditioned as other official bonds, shall be approved by the county commission, and shall be filed and recorded in the office of clerk of the circuit court. A certified copy of the bond shall be furnished by the judge of probate to the Comptroller. Premiums on the bond of the judge of probate shall be paid from the general fund of the county.
Ala. Code § 45-35-244.08 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-244.08
Section 45-35-244.08 Disposition of Funds
Status: in_force

The amount of the gross tax collected hereunder, less collection charges deducted, shall be paid by the county commission or its designee as follows:

(1) Thirty percent of the amount shall be paid to the Houston County Commission to be deposited in the Houston County Road and Bridge Fund to be used for purposes for which the road and bridge fund was established.

(2) Seventy percent of the amount shall be divided between and paid to the Boards of Education of Houston County and the City of Dothan in the same relative proportion as the respective amounts of funds received for payment of current expenses by the boards during the immediately preceding school fiscal year pursuant to appropriations made by the Legislature of Alabama to the credit of the Minimum Program Fund and apportioned pursuant to Article 3 of Chapter 13 of Title 16, as amended, bear to the total thereof.
Ala. Code § 45-26-100 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-100
Section 45-26-100 Compensation
Status: in_force

In Elmore County, upon resolution passed by a majority of the members of the county board of education, in lieu of any and all other expense allowances of any nature whatsoever heretofore authorized, each member of the county board of education shall be entitled to receive a total expense allowance of three hundred dollars ($300) per month. Such expense allowance shall be payable from any available educational funds and made in the same manner as compensation or salary received by the school board members, and shall become effective on the first of the month following passage of the resolution by the board.
Ala. Code § 45-16-82.62 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.62
Section 45-16-82.62 Establishment of Restitution Recovery Division
Status: in_force

The district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty payments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgments entered which have not been otherwise vacated or judicial relief given from the operation of the order or judgment.
Ala. Code § 45-49-23 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-23
Section 45-49-23 Purpose
Status: in_force

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

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

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

(3) To promote the public health, safety, and welfare.
Ala. Code § 45-37-73 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-73
Section 45-37-73 Curfew Regulation
Status: in_force

(a) The Jefferson County Commission may regulate and restrict the activity of minors under 17 years of age in the unincorporated areas of the county, by resolution or ordinance, in public places and establishments.

(b) The resolution or ordinance may include any one or more of the following:

(1) Definitions of certain words and terms and descriptions of the places and locations to which the regulation and restriction are applicable.

(2) The individuals who are responsible for violations, including parents and custodians of the minors, and the responsibility of owners, operators, managers, and employees of establishments.

(3) The regulated or restricted curfew hours and the days of the week when the curfew applies.

(4) A requirement to post notice of the curfew hours.

(5) The defenses or situations and activities which are excluded from the resolution or ordinance.

(c) A violation of the curfew established by ordinance or resolution pursuant to this section constitutes a public nuisance against the health, safety, and welfare of the citizens of Jefferson County. The resolution or ordinance shall be enforced by the sheriff of the county in the best interests of the citizens of Jefferson County. The sheriff may also notify the proper authorities of any truant student. The sheriff may commence a civil action in the name of the county in the Juvenile Court of Jefferson County, to abate or enjoin any responsible person or minor found in violation of the ordinance or resolution. The minor and, if applicable, the parents or legal guardian of the minor or other responsible person, shall be served with the notice to appear in the juvenile court to show cause why an injunction should not be issued against the responsible person, minor, parent, or legal guardian. The juvenile court may assess all costs against the responsible person, minor, parent, or legal guardian of abating a public nuisance declared by this section, including attorney fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. Any responsible person, minor, parent, or legal guardian violating an injunction issued pursuant to this section may be assessed civil fines of increasing severity by the juvenile court in amounts to be set by the ordinance or resolution.
Ala. Code § 45-17-140 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-140
Section 45-17-140 Fire Protection Service Fee
Status: in_force

(a) The provisions of this section shall apply only to those portions of Colbert County located outside the corporate boundaries of the Cities of Tuscumbia, Sheffield, and Muscle Shoals.

(b) The Legislature hereby declares that volunteer fire departments that receive funds pursuant to this section are organizations which are public in nature, as they protect the health, safety, and welfare of the citizens of the county.

(c)(1) There is hereby levied on the owner of each dwelling and on the owner of each building or commercial building or facility located in those portions of Colbert County located outside the corporate boundaries of the Cities of Tuscumbia, Sheffield, and Muscle Shoals a fire protection service fee of fifty dollars ($50) per year.

(2) For the purposes of this section a dwelling shall be defined as any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including specifically and without limiting the generality of the foregoing, (i) any such building, structure, or improvement assessed, for purposes of state and county ad valorem taxation, as Class III single-family owner-occupied residential property, (ii) a duplex or an apartment building, and (iii) any mobile home or house trailer. Any such building, structure, or other improvement shall be classified as a dwelling for purposes of this section notwithstanding:

a. That it is wholly or partially vacant or uninhabited at any time during the year for which a fire protection service fee with respect thereto is or is to be levied; or

b. That it is also used or expected to be used simultaneously for a purpose, whether or not commercial in nature, other than as a dwelling or residence as aforesaid.

(3) The fee shall in no manner be construed as a tax on property. The fee shall be levied for the purpose of funding fire protection services to dwellings under the purview of this section.

(4) Any person who is 65 years of age or older having a net annual taxable income of seven thousand five hundred dollars ($7,500) or less, as shown on such person’s and spouse’s latest United States income tax return shall be exempted from paying the fee levied by this section. In the event that such person and spouse are not required to file a United States income tax return, then an affidavit indicating that the net taxable income of such person and spouse for the preceding taxable year was seven thousand five hundred dollars ($7,500) or less shall be sufficient proof. Proof of age shall be furnished when the exemption provided herein is claimed.

(d) The fire protection service fee shall be collected, administered, and enforced as closely as possible at the same time, in the same manner, and under the same requirements and laws as are the ad valorem taxes of the state. The proceeds of the fee shall be paid into a special county fund. Within 30 days of payment into the special fund, the county commission shall divide the funds equally among all eligible volunteer fire departments. The county commission may establish rules and procedures regarding the transfer, investing, accounting, and handling of the funds.

(e) An eligible volunteer fire department, for the purposes of this section, shall mean a volunteer fire department located in Colbert County that is certified under the Alabama Forestry Commission guidelines and is approved by the Colbert County Commission.

(f) Funds paid to eligible volunteer fire departments shall only be expended for fire protection and emergency medical services, including training, supplies, and equipment. The funds may also be expended to purchase liability insurance to insure coverage of acts or omission which are directly related to the functions of a volunteer fire department which are committed by a volunteer fire department or the personnel of a volunteer fire department, or both. The funds may not be expended for salaries, food, drink, social activities, or fundraising activities. After receiving funds, the volunteer fire departments shall keep accurate records to verify that the funds were properly expended. By September 15th of each year, the department shall file a form with the county commission detailing the expenditure of all funds during the previous 12 months. The filing shall also account for all unspent funds and whether the unspent funds have been obligated. The county commission shall supply the accounting forms to each eligible volunteer fire department.

(g) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds derived from this section or any assets purchased with funds derived from this section shall, after all indebtedness has been satisfied, be transferred to the county commission. The funds and assets shall be reallocated by the county commission to other volunteer fire departments. In the event there are no volunteer fire departments, the funds or assets shall be placed in the county general fund.

(h) The personnel of volunteer fire departments provided for in this section shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments.
Ala. Code § 45-37A-53.01 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-53.01
Section 45-37A-53.01 Keeping of Dogs in Certain Vacant Lots
Status: in_force

(a) In any city with a population of 300,000 inhabitants or more, according to the 1970 or any subsequent federal decennial census, no person shall put any dog or dogs in a vacant lot which is not adjacent or contiguous to his or her residence.

(b) This section shall not apply to any person who is a licensed veterinarian operating his or her business in an area zoned therefor; nor shall this section apply to any person using dogs to guard his or her business.

(c) The county health department is authorized to promulgate and enforce any reasonable rules and regulations necessary to implement this section. Notice of such rules and regulations shall be given by publication 30 days before the effective date.
Ala. Code § 45-41-242.03 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-242.03
Section 45-41-242.03 Application of State Statutes
Status: in_force

All provisions of the state lodging tax statutes with respect to payment, assessment, and collection of the state lodging tax, making of reports and keeping and preserving records with respect thereto, interest after due date of tax; make reports, or otherwise; the promulgation of rules and regulations with respect to the state lodging tax; and the administration and enforcement of the state lodging tax statutes, which are not inconsistent with this article when applied to the tax levied by this article, shall apply to the county tax levied. The Commissioner of Revenue and the State Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the county taxes levied as are imposed on the commissioner and the department, respectively, by the state lodging tax statutes. All provisions of the state lodging tax statutes that are made applicable to this article to the county taxes levied and to the administration of this article are incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-42-200.10 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.10
Section 45-42-200.10 Motor Vehicle Assessment
Status: in_force

(a) Before any vehicle can be assessed, the county license commissioner shall be furnished the tag number presently on the vehicle unless such vehicle is new, in which case the commissioner shall be furnished a bona fide bill of sale from the dealer showing when the vehicle was bought new. In the case of a used car brought into the state from a state which provides that upon sale or transfer of the motor vehicle, the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the commissioner shall be furnished a bona fide certificate of title properly assigned which shows when the car was sold to an individual, firm, corporation, or association, living or operating in this state. If such tag number or bill of sale or certificate of title is not furnished, the vehicle will be presumed to have been in the state the entire year for which taxes are being assessed. Those motor vehicles brought into the state during any tax year and new motor vehicles for which licenses have never been issued that have been sold from the stock of a dealer during any tax year, shall be subject to taxation as if they had been held or owned in the state on the first day of October, except that taxes thereon shall be assessed on a quarterly basis as follows:

(1) Motor vehicles brought into the state or sold from stock after the first day of October, but before the first day of January next following, shall be subject to taxation the same as if held or owned in the state on the first day of October.

(2) Motor vehicles brought into the state or sold from stock after the first day of December, and before the first day of April next following, shall be subject to taxation for three quarters of the tax year.

(3) Motor vehicles brought into the state or sold from stock after the last day of March, and before the first day of July next following, shall be subject to tax for one-half of the tax year therefor.

(4) Motor vehicles brought into the state or sold from stock after the last day of June, but before the first day of October next following, shall be subject to tax for one-fourth of the tax year.

(b) The county license commissioner, in addition to assessing and collecting the ad valorem tax due the state and county on motor vehicles shall collect such tax due all cities in such county and he or she shall report and pay over the money collected for such cities at the same time and in the same manner as state and county licenses are reported and paid over by him or her. The commissioner shall receive and deposit in the county general fund, a commission of 10 percent for assessing and collecting such taxes and shall deduct the commission from the amount collected before paying the city treasury. The commissioner shall not issue a license to operate a motor vehicle on the highways of this state until all ad valorem taxes due the state, county, and city have been paid for the preceding tax year.
Ala. Code § 45-35-242.04 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-242.04
Section 45-35-242.04 Purpose of Taxes
Status: in_force

All taxes levied under this part and the money derived therefrom shall be used exclusively for the purpose of constructing and maintaining public roads, streets, bridges, and ferries in the County of Houston, except for the municipalities’ share, which may be expended as provided in Section 45-35-242.02.
Ala. Code § 45-1-241 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-241
Section 45-1-241 Election of Commissioner
Status: in_force

On September 30, 1997, or upon occurrence of a vacancy in either the office of tax assessor or tax collector, there shall be a county revenue commissioner in Autauga County. A commissioner shall be elected at the general election in 1996 and at the general election every six years thereafter, who shall serve for a term of six years beginning on the first day of October next after election, and until his or her successor is elected and has qualified.
Ala. Code § 45-37-121.11 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.11
Section 45-37-121.11 Survey of Necessity for Personnel
Status: in_force

The director of personnel shall have authority to investigate concerning the number of employees in any department or office and if in his or her judgment, after conference with the department head, there is an excessive judgment, after conference with the department head, there is an excessive number of employees in proportion to the amount of work required in such department or office, he or she shall recommend in writing to the department head and the governing body that the excess number of employees be laid off or transferred either permanently or temporarily in accordance with this part. Final determination shall be vested in the governing body. He or she shall also study the organization and procedure of the different departments and suggest to the heads of the departments such changes in procedure as may increase efficiency or enable the organization to carry on its work more economically and with a reduced staff.
Ala. Code § 45-2-180.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-180.01
Section 45-2-180.01 Regulation of Billboards in Unincorporated Areas; Enforcement; Variances; Appeals
Status: in_force

(a) This section shall apply only within the unincorporated areas of Baldwin County.

(b)(1) In the unincorporated areas of Baldwin County, the county commission may regulate and shall have exclusive zoning authority to regulate billboards, including, but not limited to, the size and location of any billboards. Within the planning jurisdiction of a municipality that regulates billboards, the county commission shall regulate and shall have exclusive authority to regulate billboards which regulation and enforcement shall be no less stringent than the regulation of billboards by municipal ordinance within the corporate limits of the municipality. The regulations shall be adopted by resolution or ordinance of the county commission at a regularly scheduled meeting of the commission. Any resolution or ordinance adopted pursuant to this section shall have standards as to distance between signs not less than the distances provided pursuant to Division 3 of Article 9 of Chapter 1 of Title 23.

(2) Any resolution establishing a zoning ordinance adopted pursuant to this section may provide for civil penalties for each day of violation. The ordinance shall provide for notice and a hearing before the assessment of the penalties.

(3) Any resolution establishing a zoning ordinance adopted pursuant to this section may be enforced by the county commission by an action against the owner of the land where the sign is located for injunctive relief in the Circuit Court of Baldwin County. In addition, any violation shall be public nuisance. Upon a finding that a sign violates the ordinance or resolution, the county commission may remove the sign and all costs of removal shall be assessed against the landowner and recorded as a lien on the property until satisfied.

(4) Any resolution establishing a zoning ordinance adopted pursuant to this section shall authorize a variance process to be determined by the county commission.

(5) Any resolution establishing a zoning ordinance adopted pursuant to this section shall include a variance appeals process for any party aggrieved by a final variance decision of the county commission to appeal therefrom to the Circuit Court of Baldwin County.

(6) In the case of any unincorporated area of Baldwin County covered by subdivision (1) which is also in an overlapping municipal planning jurisdiction or an area which has established a planning and zoning district, the most stringent regulation shall apply.

(7) This section shall not affect any highway covered by Division 3 of Article 9 of Chapter 1 of Title 23.
Ala. Code § 45-47-242 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-242
Section 45-47-242 Merger of Operations
Status: reserved

(a)(1) The Tax Assessor of Marion County is hereby authorized to take the necessary action to merge the budgetary operations and functions of his or her office. Hereafter, the office shall be financed on a pro rata share basis from the proceeds of state, county, and municipal ad valorem taxes collected in the county. Provided, however, state pro rata cost participation shall be limited to all of the following:

a. Officials’ salaries in accordance with Section 40-6A-2.

b. The cost of appraisal and mapping functions.

(2) This section is not intended to affect any other county office.

(b) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating the tax assessor’s office in Marion County; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 45-51A-32.114 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.114
Section 45-51A-32.114 Rulemaking Authority; Establishment of Position to Provide Assistance to Council
Status: reserved

REPEALED BY ACT 2024-337, EFFECTIVE JANUARY 1, 2025.
Ala. Code § 45-44-260.09 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-260.09
Section 45-44-260.09 Zoning; Grant of Power
Status: in_force

For the purpose of promoting the health, safety, morals, convenience, order, prosperity, and general welfare of the county, the planning commission, with the approval of the county commission, is hereby empowered to divide the portion of the county within its zoning jurisdiction into districts. The districts shall be of such number, shape, and area as may be found best suited to carry out the purposes of this article. The planning commission, with the approval of the county commission, shall provide for standards within districts relating to the use of the land and the types and kinds of structures that may be erected in the districts, and all home remodeling or modification in such districts. Such provision shall be made in accordance with a comprehensive plan for the area involved and shall be designed to lessen congestion in the streets and highways; to prevent the overcrowding of land; to avoid undue mixed use of land; to facilitate the adequate provision of transportation, water supply, sewerage, schools, parks, and other public requirements. Such provision shall be made with reasonable consideration, among other things, of the character of the land and district and its peculiar suitability for particular uses and with a view of promoting desirable living conditions, sustaining the stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings, and encouraging the most appropriate use of land and of buildings and structures throughout the jurisdiction of the planning commission. For the purpose of providing for the division of the territory into districts, consonant with the conditions provided in this section, the planning commission may make a single zoning plan for all the territory of the area which lies within its jurisdiction or may make and certify separate and successive zoning plans for parts of such territory which it deems suitable for urban or suburban development or which for other reasons it deems to have appropriate territorial unity for a zoning plan. Correspondingly, any zoning regulations enacted by the commission may cover and include the whole territory lying within its jurisdiction or such territory as the planning commission deems to be appropriate territorial unit for a zoning plan.
Ala. Code § 45-2-231.45 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-231.45
Section 45-2-231.45 Record of Sale; Rejection of Bid
Status: in_force

If property is sold at public auction, as provided in this subpart, a notation in the storage record book shall be made of the sale and of the amount received for the property. The person making the sale may reject any and all bids if the amount bid is unreasonably low and may continue the sale, from time to time, if no bidders are present.
Ala. Code § 45-41-80 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-80
Section 45-41-80 Circuit Judgeship Number 3 - Created
Status: in_force

There shall be created an additional circuit judgeship for the 37th Judicial Circuit, which shall be numbered circuit judgeship number 3.
Ala. Code § 45-57A-63.129 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.129
Section 45-57A-63.129 Appropriations Lapse
Status: in_force

All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered.
Ala. Code § 45-2A-80.04 — Alabama Code / Title 45 / Chapter 2A / Section 45-2A-80.04
Section 45-2A-80.04 Interconnection of Cable Lines
Status: in_force

The municipal corporation furnishing television cable service pursuant to this article shall have the right to require any person furnishing television cable service to the public in this state to interconnect the television cable, lines, facilities, or systems furnishing such service with, or otherwise make available such cables, lines, facilities, or systems to the municipal corporation’s television cable, lines, facilities, or system in order to provide a continuous line of communication for the municipal corporation’s subscribers. In the event such person and the municipal corporation shall be unable to agree upon the terms and conditions of such interconnection, including compensation therefor, the Alabama Public Service Commission, upon the request of the municipal corporation, shall establish such terms and conditions which shall be reasonable and nondiscriminatory.
Ala. Code § 45-44-140.06 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-140.06
Section 45-44-140.06 Removal of Finance Charge or Tax
Status: in_force

The County Commission of Macon County is authorized to remove such financial charge or tax after the county commission has determined that the financial charge or tax is no longer needed. The county commission shall hold public hearings to determine whether or not the financial charge or tax is still needed. Procedures for such public hearings shall be the same as those in Section 45–44–140.02.
Ala. Code § 45-39-241 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-241
Section 45-39-241 Sale and Redemption of Lands
Status: in_force

(a) This section shall apply to Lauderdale County.

(b) The procedure for selling and redeeming lands for taxes in the county shall be the same as provided in Title 40, as amended, except that all duties as are required of and are performed by the judge of probate shall be transferred to and be performed by the revenue commissioner of the county, and the judge of probate shall be relieved of all such duties.
Ala. Code § 45-10-244.04 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.04
Section 45-10-244.04 Sales Tax to Be Added to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing within the county in a business subject to the sales taxes authorized to be levied in Section 45-10-244.01 shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the taxes. It shall be unlawful for any person subject to the sales taxes authorized to be levied in Section 45-10-244.01 to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or the person paying the admission fee the amount herein required to be so added to the sales or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the taxes to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the taxes or any portion thereof.
Ala. Code § 45-45-201.06 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.06
Section 45-45-201.06 Duties
Status: in_force

It shall be the duty of the director of the department to collect for and issue all licenses for motor vehicles, motor vehicle licenses, temporary instruction permits to drive motor vehicles, and any and all other licenses, which are now or may hereafter be required by law to be issued, collected for, and paid to the State of Alabama or the counties thereof in connection with motor vehicles and for exercising any right or privilege in connection therewith for which a license is now or may hereafter be required; and to collect for and issue all other licenses, except marriage licenses, which are now required or which may hereafter be required by law to be collected for and issued by judges of probate.
Ala. Code § 45-18-82.52 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-82.52
Section 45-18-82.52 Recording, Archiving, and Retrieval System
Status: in_force

The judge of probate may provide for the installation and thereafter for the maintenance of an improved recording, archiving, and retrieval system in the probate offices of Conecuh County. The initial installation of the improved recording, archival, and retrieval system shall include the following:

(1) The acquisition of the equipment for an improved recording, archiving, and retrieving system.

(2) The establishment of procedures for the continued recording, archiving, and retrieving of all instruments and records that shall, after the effective installation date, constitute a part of the improved recording, archiving, and retrieving system.

(3) The initial installation of the improved recording, archiving, and retrieving system shall be performed by a person or persons, firm, or corporation engaged in the records management business and experienced in setting up county records and shall be supervised and inspected by a person who is experienced in handling records pertaining to abstracts or titles. Following installation in the county, the improved recording, archiving, and retrieving system shall be thereafter maintained in the county and all real property instruments, general property instruments, personal property instruments, and other documents and records herein provided to constitute a part of the system, that may be thereafter filed for record in the probate office of the county shall be in accordance with the improved recording, archiving, and retrieving system. Each real property instrument and each personal property instrument shall be operative as a record from the time of its delivery to the judge of probate of the county, in accordance with existing law, including, without limitation, Section 12-13-43.
Ala. Code § 45-40-141.02 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-141.02
Section 45-40-141.02 Definitions
Status: in_force

For the purposes of this part, the following words have the following meanings:

(1) COMMERCIAL BUILDING. Any building that houses one or more separate business enterprises that purchase and display a business license applicable to each business enterprise. In the case of a commercial building with more than one business located in the building, a separate fee shall be assessed on the building for each business located in the building, but in no case shall a fee be assessed more than one time on the same place.

(2) DWELLING. Any building, structure, or other improvement to real property used for, or expected to be used as, a dwelling or residence for one or more human beings, including specifically, but not limited to:

a. Any building, structure, or improvement assessed for purposes of state and county ad valorem taxation as single-family, owner-occupied residential property.

b. Any other residential building with each residential unit to be considered a separate dwelling.

c. Any mobile home or house trailer.
Ala. Code § 45-8A-20.21 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.21
Section 45-8A-20.21 Power of Eminent Domain
Status: in_force

The authority is hereby granted the power of eminent domain and may exercise such power for the purpose of obtaining real property or any interest therein for any project it undertakes in the manner provided by law for the exercise of the power of eminent domain by municipalities.
Ala. Code § 45-27A-31.04 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.04
Section 45-27A-31.04 Procedure to Incorporate; Contents and Execution of Certificate of Incorporation
Status: in_force

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

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

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

(2) The name of the authority, which shall be the Brewton Development Authority.

(3) The period for the duration of the authority. If the duration is to be perpetual, subject to Section 45-27A-31.19, that fact shall be stated.

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

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

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

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

(c) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it a copy of the application as filed with the governing body of the city in accordance with Section 45-27A-31.03, and a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Ala. Code § 45-27A-31.09 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.09
Section 45-27A-31.09 Bonds of Authority
Status: in_force

(a) Source of payment. All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the board of its projects or of any thereof as may be designated in the proceedings of the board under which the bonds shall be authorized to be issued.

(b) Pledge of revenues, receipts, and other security.

(1) The principle of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues and receipts out of which the same may be payable and may be secured by a mortgage and deed of trust or trust indenture conveying as security for such bonds all or any part of the property of the authority from which the revenues or receipts so pledged may be derived.

(2) The resolution under which the bonds are authorized to be issued and any such mortgage and deed of trust or trust indenture may contain any agreements and provisions respecting the operation, maintenance, and insurance of the property covered by the mortgage and deed of trust or trust indenture, the use of the revenues and receipts subject to such mortgage and deed of trust or trust indenture, the creation and maintenance of special funds from such revenues and receipts, the rights, duties, and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made and the rights and remedies available in the event of default as the board shall deem advisable and which are not in conflict with this part. Each pledge, agreement, mortgage and deed of trust or trust indenture may for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid.

(3) In the event of default in such payment or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage and deed of trust or trust indenture executed as security therefor, the rights of any holder of the bonds may be enforced by manda¬mus, the appointment of a receiver, or either of these remedies, and foreclosure of such mortgage and deed of trust or trust indenture may, if provided for in the instrument, be had.

(c) Execution. All bonds issued by the authority shall be signed by the chair of its board and attested by its secretary, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the chair of its board; provided, that a facsimile of the signature of one, but not both, of the officers may be printed or otherwise reproduced on any such bonds in lieu of his or her manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto, and a facsimile of the signature of the chair of the board may be printed or otherwise reproduced on any such interest coupons in lieu of his or her manually signing the same.

(d) General provisions respecting form, interest rate, maturities, sale, and negotiability of bonds. Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this part, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of its board. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The authority may pay all expenses, premiums, and commissions in connection with any financing done by it. All bonds, except bonds registered as to principal or as to both principal and interest, and any interest coupons applicable thereto issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source.

(e) Nature of obligation and source of payment. All obligations created or assumed and all bonds issued or assumed by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of the state or of any county or of the city; provided that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Any bonds issued by the authority shall be limited or special obligations of the authority payable solely out of its revenues and receipts of the authority specified in the proceedings authorizing those bonds.

(f) Eligibility for investment. Bonds of the authority are hereby made legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.
Ala. Code § 45-51A-32.186 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.186
Section 45-51A-32.186 Personnel Appeals Board
Status: in_force

(a) The city council shall create an appeals board separate and apart from the department for the purpose of hearing all appeals from final employee actions by the city and as requested by the affected employee. The appeals board shall consist of three members elected by vote of a majority of the city council at any regularly or specially scheduled city council meeting.

(b) The appeals board members shall be residents of and qualified voters of the City of Montgomery during their tenure. A member may not be a city employee or board member or a blood relative, as defined by the state Merit System, of a city employee or the mayor or a city council member.

(c) Each appeals board member shall be appointed for a three-year term, unless filling an unexpired term, and may be reappointed. However, the first appointed members shall serve staggered terms of three, two, and one years as determined by the city council.

(d) The appeals board members shall elect a chair annually by a majority vote.

(e) The appeals board shall meet at least quarterly and at other times as determined by the chair.

(f) The city council shall determine the compensation of the appeals board members and shall also provide the appeals board with office space and support staff as reasonably necessary.

(g) The city council shall adopt the necessary rules, policies, and procedures for the operation of the appeals board.
Ala. Code § 45-49-151.22 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-151.22
Section 45-49-151.22 Transmission or Communication of Racing Information
Status: in_force

(a) It shall be unlawful for any person to transmit or communicate to another by any means whatsoever the results, changing odds, track conditions, or any other information relating to any dog race from any racetrack in the county, between the period of time beginning one hour prior to the first race of any day and ending 30 minutes after the posting of the official results of each race, as to that particular race, except that this period may be reduced to permit the transmitting of the results of the last race each day not sooner than 15 minutes after the official posting of such results. Provided, however, that the commission, by rule, may permit the immediate transmission by radio, television, or press wire of any pertinent information concerning feature races.

(b) It shall be unlawful for any person to transmit by any means whatsoever racing information to any other person, or to relay the same to any other person by word of mouth, by signal, or by use of telephone, telegraph, radio, or any other means, when the information is knowingly used or intended to be used for illegal gambling purposes, or in furtherance of such gambling purposes.

(c) Any person violating this section shall be guilty of a felony, and upon conviction, shall be imprisoned in the state penitentiary for not less than one year nor more than 10 years, or shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both, in the discretion of the court.
Ala. Code § 45-51A-33.67 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.67
Section 45-51A-33.67 Examination of Books and Publication of Accounts
Status: in_force

The council shall each month print in pamphlet form a detailed statement of all receipts and expenses of the city, and a summary of its proceedings during the preceding month, and furnish printed copies thereof to the daily newspapers of the city and to persons who apply therefor. At the end of each year, the council shall cause a full and complete examination of all the books and accounts of the city to be made by a certified public accountant, or by the Department of Examiners of Public Accounts, and shall cause the result of such examination to be published in the manner above provided for publication of statements of monthly expenditures. Such examination shall not be made two years in succession by the same accountant.
Ala. Code § 45-24-82.25 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82.25
Section 45-24-82.25 Payment of Costs
Status: in_force

The initial installation costs shall be paid entirely out of the special recording fees. Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the cost of purchasing, operating, or maintaining, after the initial installation, any improved system installed pursuant to this subpart.
Ala. Code § 45-1-243.04 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-243.04
Section 45-1-243.04 Sales Tax to Be Added to Sales Price or Admission Fee
Status: in_force

Each person engaging or continuing within the county in a business subject to the sales taxes authorized to be levied in Section 45-1-243.01 shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer on account of the taxes. It shall be unlawful for any person subject to the sales taxes authorized to be levied in Section 45-1-243.01 to fail or refuse to add to the sales price or admission fee and to collect from the purchaser or the person paying the admission fee the amount herein required to be so added to the sales or admission price and collected from the purchaser, and it shall likewise be unlawful for any person subject to the taxes to refund or offer to refund all or any part of the amount so collected or to absorb or advertise directly or indirectly the absorption or refund of the taxes or any portion thereof.
Ala. Code § 45-31-141.06 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-141.06
Section 45-31-141.06 Notice of Election
Status: in_force

The judge of probate shall give notice of any election held under Section 45-31-141.03 or Section 45-31-141.12 by publishing for three weeks at least once a week, on the same day of each week, in a newspaper of general circulation in the territory where the election is to be held, a notice that on the day fixed for the election the questions to be voted on shall be submitted to the electors of the territory.
Ala. Code § 45-7-82.28 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82.28
Section 45-7-82.28 Treatment Programs; Drug Testing
Status: in_force

The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by the district attorney to be in the best interest of the offender and society. The district attorney may require the offender to submit to periodic or random drug or other testing as a part of the pretrial diversion program and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney after considering the ability of the offender to pay.
Ala. Code § 45-39-230 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-230
Section 45-39-230 Definitions
Status: in_force

For the purposes of this part the following words shall have the following meaning:

(1) CIVIL SERVICE BOARD OF APPEALS. The board created by this part.

(2) COUNTY. A county having not less than 61,000 nor more than 65,000, according to the most recent federal decennial census.

(3) COURT OF COUNTY COMMISSIONERS. The existing county governing body or any succeeding county governing body performing the function of the court of county commissioners.

(4) DEPUTY. Any person deputized and regularly employed by the sheriff of the county, and whether or not such employment is regular employment shall be determined by the court of county commissioners or other like county governing body.
Ala. Code § 45-45-81.03 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-81.03
Section 45-45-81.03 Circuit Court Clerk - Deputy and Personnel Appointed to Consolidate Offices from Madison County Court
Status: in_force

The Clerk of the Twenty-third Judicial Circuit shall appoint the person now serving as Clerk of the Madison County Court as a deputy circuit court clerk. The person shall serve as a deputy circuit court clerk under the Madison County Personnel Act, provided that the compensation of the person shall be no less than the annual compensation being received on November 1, 1973. Upon the death, resignation, or removal from office of such deputy clerk, the office shall be eliminated and abolished. The circuit court clerk shall also appoint administrative or clerical personnel serving in the Madison County Court or any successor court on November 1, 1973, in like capacities. Such personnel shall be compensated under the Madison County Personnel Act.
Ala. Code § 45-2-243.55 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-243.55
Section 45-2-243.55 Defect in Notice or Proceedings
Status: in_force

If there is any defect in the notice or proceedings before or subsequent to the notice with respect to one or more interested persons, the same shall not affect such notice or proceedings except insofar as it may touch the interest or property of such person or persons and shall not avail any other person concerned therein. In the case of such defect, supplementary proceedings of the same general character as those prescribed in this subpart may be had in order to supply such defect.
Ala. Code § 45-29-81.01 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-81.01
Section 45-29-81.01 Solicitor’s Fee
Status: in_force

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Fayette County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly to the Solicitor’s Fund or District Attorney’s Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. The amount of the solicitor’s fee assessed in each case shall be limited to the amount of the fair trial tax assessed in each case.

(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonably foreseeable future.

(c) The solicitor’s fee may be expended, as the district attorney sees fit, for the payment of any and all expenses incurred by the district attorney for law enforcement and in the discharge of the duties of the office.
Ala. Code § 45-41A-40.18 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.18
Section 45-41A-40.18 Earnings of the Authority
Status: in_force

The authority shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event a board shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the city.
Ala. Code § 45-34-242.01 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-242.01
Section 45-34-242.01 Tax to Be Added to Sales Price of Tobacco Products
Status: in_force

Upon October 1, 1989, every person, firm, corporation, club, or association that sells, stores, or receives for the purpose in Henry County any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products shall add the amount of the license or privilege tax levied and assessed herein to the price of the cigarettes, cigars, snuff, smoking tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, who sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, on all price display signs, sales, or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products.
Ala. Code § 45-37A-51.284 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.284
Section 45-37A-51.284 Actuarial Assumptions
Status: in_force

(a) Effective date. Except as provided by the Pension Benefit Guaranty Corporation (PBGC) and the Internal Revenue Service, the limitations of this section shall first apply in determining the amount payable to a participant having an annuity starting date in a fiscal year beginning on or after January 1, 2008.

(b) Applicable interest rate. For purposes of the fund’s provisions relating to the calculation of the present value of a benefit payment that is subject to § 417(e), Internal Revenue Code, as well as any other fund provision referring directly or indirectly to the applicable interest rate or applicable mortality table used for purposes of § 417(e), Internal Revenue Code, any provision prescribing the use of the annual rate of interest on 30-year United States Treasury securities shall be implemented by instead using the rate of interest determined by applicable interest rate described by § 417(e), Internal Revenue Code, after its amendment by the federal Pension Protection Act. Specifically, the applicable interest rate shall be the adjusted first, second, and third segment rates applied under the rules similar to the rules of § 430(h)(2)(C), Internal Revenue Code, for the calendar month, lookback month, before the first day of the fiscal year in which the annuity starting date occurs, stability period. For this purpose, the first, second, and third segment rates are the first, second, and third segment rates which would be determined under § 430(h)(2)(C), Internal Revenue Code, if:

(1) § 430(h)(2)(D), Internal Revenue Code, were applied by substituting the average yields for the month described in the preceding paragraph for the average yields for the 24-month period described in such section, and (2) § 430(h)(2)(G)(i)(II), Internal Revenue Code, were applied by substituting § 417(e)(3)(A)(ii)(II), Internal Revenue Code, for 412(b)(5)(B)(ii)(II), Internal Revenue Code, and

(3) The applicable percentage under § 430(h)(2)(G), Internal Revenue Code, is treated as being 20 percent in 2008, 40 percent in 2009, 60 percent in 2010, and 80 percent in 2011.

(c) Applicable mortality assumption. For purposes of the fund’s provisions relating to the calculation of the present value of a benefit payment that is subject to § 417(e), Internal Revenue Code, as well as any other fund provision referring directly or indirectly to the applicable interest rate, any provision directly or indirectly prescribing the use of the mortality table described in Revenue Ruling 2001-62 shall be amended to prescribe the use of the applicable annual mortality table within the meaning of § 417(e)(3)(B), Internal Revenue Code, as initially described in Revenue Ruling 2007-67.
Ala. Code § 45-2-84.04 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-84.04
Section 45-2-84.04 Payment of Court Ordered Sums
Status: in_force

Any eligible person who has been sentenced to the Baldwin County Community Corrections Center or a program pursuant to this part, granted probation or whose sentence has been otherwise suspended, and it is conditioned on the payment of court costs, fines, restitution, appointed attorney fee recoupment, or payment of any other court ordered sums, the eligible person may be ordered to report to the Baldwin County Community Corrections Center for times the court deems sufficient for the periodic payment of the above sums, together with a daily supervision fee in an amount to be determined by the Baldwin County Pretrial Release and Community Corrections Board, but not less than one dollar ($1) to be paid to the Baldwin County Community Corrections Fund. The Baldwin County Pretrial Release and Community Corrections Board shall promulgate rules for the management and disbursement of monies ordered by the court to be paid to third parties.
Ala. Code § 45-40-142.10 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.10
Section 45-40-142.10 Election Procedures
Status: in_force

(a) Any election that may be necessitated by requirements adopted by the county association pursuant to Section 45-40-142.01, or any election authorized by Section 45-40-142.09, may coincide with a general election, or may be a special election, which shall be held on a date not less than 30 days nor more than 90 days from entry of the order of the election by the judge of probate.

(b) An election shall be governed by the laws applicable to qualification and registration of electors, polling equipment, election management, canvassing, and election officers as regulated under Title 17.

(c) In the case of an initial election for a fire protection fee as provided in Section 45-40-142.09, the expenses for advertising and holding the election shall be paid out of the general fund of the county, and for any subsequent election pursuant to Section 45-40-142.09, the expenses for advertising and holding the election shall be shared equally by the general fund of the county and the fire district.

(d)(1) The judge of probate shall give notice of an election authorized under Section 45-40-142.09 or otherwise by publication that shall include: (i) the election date; (ii) the service area affected by the election; and (iii) the question to be decided by the qualified electors.

(2) Publication of the notice shall include all of the following methods:

a. On the website of the county commission for no less than 30 days before the election date.

b. In a newspaper of general circulation in the county on the same day for three consecutive weeks, with the final publication to be no less than 10 days before the election date.
Ala. Code § 45-12-100 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-100
Section 45-12-100 Compensation
Status: in_force

In Choctaw County, the county board of education shall receive an expense allowance in the amount of two hundred dollars ($200) per month which shall be paid out of the same funds as their normal compensation. The expense allowance provided for by this section shall be in lieu of any and all other expense allowances provided for by law.
Ala. Code § 45-8A-22.113 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.113
Section 45-8A-22.113 Retirement Eligibility and Benefit
Status: in_force

(a) Participants Hired Before May 29, 1979. Subject to Section 45-8A-22.114, any person who was hired by the City of Anniston as a sworn police officer or sworn firefighter before May 29, 1979, and who has been in continuous service as a participant for a period of 20 years shall have a non-forfeitable right to a benefit and shall be entitled to retire and receive a monthly benefit from the plan in an amount equal to three percent of the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by the number of years of continuous service; provided, however, credit shall not be counted for continuous service in excess of 30 years.

(b) Participants Hired On and After May 29, 1979. Any participant who was hired by the City of Anniston as a sworn police officer or sworn firefighter on or after May 29, 1979, shall have a non-forfeitable right to a benefit to the extent described in this subsection (b), subject to subsections (c) and (d).

(1) A participant shall have a non-forfeitable right to a benefit if such participant has been in continuous service as a participant for a period of 20 years. Such participant shall be entitled to retire and receive a monthly benefit from the plan in an amount equal to the following:

a. Two and one-half percent of the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by the number of full years of continuous service beginning on or after October 1, 2012, plus

b. Three percent of the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by the number of full years of continuous service minus those full years of continuous service accounted for in subsection (b)(1)a.

Reduced by four percent for each year his or her total continuous service is less than 25 years.

Notwithstanding the foregoing, there shall be no reduction in a participant’s monthly benefit described herein if such participant has been in continuous service for a period of at least 25 years. Credit shall not be counted for continuous service in excess of 30 years.

(2) A participant shall have a non-forfeitable right to a benefit if such participant was an active participant in the plan as of September 30, 2012, and will attain age 60 prior to being in continuous service as a participant for a period of 20 years. Such participant shall be entitled to retire and receive a monthly benefit from the plan in an amount equal to the following:

a. Two and one-half percent of the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by the number of full years of continuous service beginning on or after the participant attains age 60, plus

b. Three percent of the average of his or her monthly compensation for the last three years preceding his or her retirement multiplied by the number of full years of continuous service minus those full years of continuous service accounted for in subsection (b)(2)a.

Notwithstanding the foregoing, credit shall not be counted for continuous service in excess of 30 years.

(c) Seventy-Five Percent Limitation. Notwithstanding the foregoing, effective as of October 1, 2012, a participant’s monthly benefit under this section shall not exceed 75 percent of his or her monthly compensation; provided, however, with respect to any participant whose accrued benefit may equal or exceed 75 percent of his or her monthly compensation as of October 1, 2012, his or her monthly benefit shall not exceed the participant’s accrued benefit calculated as of the end of the first full year of continuous service beginning on or after October 1, 2012.

(d) Notwithstanding this section, if the City of Anniston’s contributions meet the contribution limitations described in subsection (b) of Section 45-8A-22.109, or the City of Anniston’s contributions are reasonably expected to approach, based on reasonable actuarial assumptions or projections, or both, such contribution limitations, the retirement board may amend or modify the provisions of this section pursuant to a written board resolution.
Ala. Code § 45-48-80.03 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-80.03
Section 45-48-80.03 Solicitor’s Fee; Fair Trial Tax Fund
Status: in_force

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Marshall County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly to the solicitor’s fund in the county or to the fund that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. A one dollar ($1) administrative fee from each case shall be retained by the clerk of court to pay for the operation of the clerk’s office.

(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.

(c) The solicitor’s fee may be expended by the district attorney for the payment of any and all expenses incurred or for any legitimate law enforcement purpose. (Act 2009-369, p. 694, §§ 1-3.)
Ala. Code § 45-49-102.03 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-102.03
Section 45-49-102.03 Mobile County High School Renamed Grand Bay High School
Status: in_force

In Mobile County, Mobile County High School shall henceforth be officially named and called Grand Bay High School. This section in no manner shall alter the powers, duties, property, personnel, function, or liability of the school. Provided, however, that those office supplies which bear the present letterhead of the school shall continue to be used, without regard to the change herein prescribed, until the supplies need reordering at which time replacements therefor shall reflect the school’s new official name.
Ala. Code § 45-19-70.08 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-70.08
Section 45-19-70.08 County Engineer; Powers and Duties; Compensation; Equipment and Facilities
Status: in_force

(a) The chair, with the approval of the county commission, shall employ a county engineer, who shall be a qualified and competent civil engineer, possessing all of the qualities as specified for county engineers pursuant to law. The county engineer shall devote his or her time and attention to the maintenance and construction of the Coosa County public roads, highways, bridges, ferries, and county shop, and shall, during his or her employment, reside in Coosa County. The county engineer shall serve at the pleasure of the county commission.

(b) The County Engineer of Coosa County shall perform all of the following duties:

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

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

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

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

(5) Maintain and construct all county roads on the basis of the county as a unit, without regard to any district or beat lines.

(c) The county engineer is designated as the person authorized to make written requisition to the chair of the commission, or his or her duly designated purchasing agent, for all articles, materials, supplies, and equipment necessary for the maintenance and construction of the roads, bridges, ferries, and county shop in Coosa County.

(d) The county commission shall fix, from time to time, in accordance with prevailing economic conditions, the number of employees and the various scales of wages or salaries to be paid for labor necessary in the maintenance and construction of the roads, bridges, ferries, and county shop operation, and the wage or salary scale shall not be exceeded by the county engineer in the employment of labor and assistants. The county commission shall fix the amount of the salary of the county engineer, payable in equal monthly installments from the gasoline tax fund of Coosa County. Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in an amount set, from time to time, by the county commission, conditioned for the faithful discharge and performance of his or her duties as county engineer, and for the faithful accounting of all monies or property of the county, which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama, approved by the chair of the county commission, and the premiums thereon shall be paid by Coosa County.

(e) The county commission shall furnish the county engineer with an office and all necessary office supplies, and shall furnish him or her with necessary transportation in connection with his or her duties pursuant to this article. The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment. The county commission shall furnish the necessary storage facilities in which to keep the tools, machinery, supplies, and equipment and the county engineer shall keep on file in his or her office, at all times, an up-to-date inventory, containing a list of all the tools, machinery, equipment, and supplies belonging to the county.

(f) The authority of the county engineer shall be limited to the expenditure of funds for the purposes of construction, maintenance, or repairs of public roads, bridges, and ferries of the county as appropriated by the county commission. The county commission shall fix and determine the amount of funds which shall be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Coosa County for the ensuing fiscal year, beginning on October 1. That amount, other than the salary of the county engineer, and his or her necessary expenses, shall not be exceeded, except that the county commission may, from time to time, within any period, increase the amount allowed to be expended by the county engineer during the period, provided that the authorization does not conflict with other provisions of law.
Ala. Code § 45-5-240.40 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-240.40
Section 45-5-240.40 Merging of Budgetary Operations
Status: in_force

The Revenue Commissioner of Blount County is hereby authorized to take the necessary action to merge the budgetary operations and functions of his or her office. The office shall be financed on a pro rata share basis from the proceeds of state, county, and municipal ad valorem taxes collected in the county. This section is not intended to affect any other county office.
Ala. Code § 45-24-82 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-82
Section 45-24-82 Salary Supplement; Cost-of-Living Adjustments
Status: in_force

The Judge of Probate of Dallas County, in addition to the salary authorized by law, shall receive a salary supplement in the amount of seven thousand two hundred dollars ($7,200) per year. Cost-of-living adjustments to the salary of the Judge of Probate of Dallas County shall be as provided for, and subject to the limitations, in Chapter 2A of Title 11, commencing with Section 11-2A-1.
Ala. Code § 45-4-50 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-50
Section 45-4-50 Office of Constable Abolished
Status: in_force

In Bibb County, effective at the end of the current term of office, the office of constable provided for in each election precinct pursuant to Chapter 23 of Title 36 is abolished.
Ala. Code § 45-19-80.01 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-80.01
Section 45-19-80.01 Additional Fee Authorized; Disposition of Funds
Status: in_force

(a) In addition to any court costs and fees now or hereafter authorized in Coosa County, the Coosa County Commission may impose by resolution of the commission an additional fee in an amount not to exceed fifty dollars ($50) to be assessed and taxed as costs on each civil case and on each criminal case, including traffic cases, but excluding small claims cases, filed in the circuit court, district court, or any municipal court in Coosa County, as well as an additional fee not to exceed five dollars ($5) for the service of a pleading or other document in connection with any action or case. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(b) The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Coosa County to be used by the Coosa County Commission for the planning, designing, construction, financing, furnishing, equipping, operation, and maintenance of the county jail. The Coosa County Commission may set and adjust by resolution the fees within the limits authorized by this section based on the needs associated with the county jail.