Ala. Code § 36-27-16.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-16.2
Section 36-27-16.2 Nomination of Recipient of Surviving Spouse Benefits Prior to Date of Retirement
Status: in_force

(a) Any provision to the contrary, notwithstanding, any member of the Teachers’ Retirement System of Alabama or the Employees’ Retirement System of Alabama who shall have attained the service requirements for surviving spouse benefits may nominate such person as he may desire to receive any benefits payable on account of said member’s death prior to his date of retirement. Such nomination shall be made in writing, duly executed and filed with the respective Board of Control pursuant to such rules and regulations as said board shall deem necessary to carry out the provisions of this section.

(b) This section is cumulative and shall not be construed to supersede or repeal any provision of law not in direct conflict therewith.
Ala. Code § 36-14-3 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-3
Section 36-14-3 Fees for Services Performed
Status: in_force

The Secretary of State shall charge the person for whom the service is rendered the following fees:

(1) For reproducing any law or other material where the copy is desired, $1.00 per page, and for the annexation of the seal of the state, $1.50.

(2) For any certificate and the annexation of the seal of the state, $5.00.

(3) For the preparation of each set of field notes, $1.00, and for the annexation of the seal of the state, $1.50.
Ala. Code § 36-35-4 — Alabama Code / Title 36 / Chapter 35 / Section 36-35-4
Section 36-35-4 Calculation of Savings from Drug Discounts; Disbursement of Savings
Status: in_force

Savings achieved through drug discounts received by departments and governmental entities shall be calculated on a quarterly basis by the board. A prorated share of the savings of each department or governmental entity, based on the percentage of the department or entity patronage as it bears to the total quarterly patronage, shall first be distributed to the board to reimburse the board for the administrative costs of the program. After administrative costs are fully reimbursed, any remaining savings shall be returned to the respective departments and governmental entities based on the prorated basis.
Ala. Code § 36-26-48 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-48
Section 36-26-48 Lump-Sum Merit Reward Payments for Certain Full-Time State Employees
Status: in_force

(a) Commencing October 1, 2019, and based on the availability of funds, an appointing authority may provide a lump sum merit reward payment, in an amount of up to two and one-half percent of the annual base salary of a qualified employee on his or her anniversary date if, on October 1 of the fiscal year in which the merit reward payment is to be paid, all of the following conditions have existed for the previous two consecutive fiscal years:

(1) The employee has earned the maximum rate of pay allowed in his or her pay range.

(2) The employee has met or exceeded standards on his or her annual performance appraisal.

(3) A cost-of-living increase has not been provided to state employees.

(b) At the beginning of each fiscal year, an appointing authority shall determine what percentage amount shall be used for calculating the total amount of lump sum merit reward payments to be paid to all qualified agency employees for that fiscal year. If the appointing authority determines that agency funds are insufficient to provide lump sum merit reward payments to all qualified agency employees for any fiscal year, no lump sum merit reward payments may be provided to any qualified employee of the agency for the duration of that fiscal year.

(c) An employee may not receive a lump sum merit reward payment pursuant to this section every year. An agency may not adjust the anniversary date of an employee to provide a lump sum merit reward payment to the employee on an earlier date. A lump sum merit reward payment issued pursuant to this section may not increase the salary of an employee for retirement purposes.

(d) For the purposes of this section, a qualified agency employee does not include any of the following:

(1) An employee, including an hourly employee, whose service or rate of pay is covered by any labor agreement or contract.

(2) Any retired person performing duties in accordance with Section 36-27-8.2.

(3) Any employee who does not receive an annual performance appraisal or service rating.

(4) Any appointing authority or employee who is considered the head of an agency.

(5) Any deputy appointing authority or employee who is considered the deputy head of an agency.

(6) Any unclassified employee or exempt employee.

(e) An employee who has received an increase in his or her pay, bonus pay, or incentive pay during the previous two years may not receive a lump sum merit reward payment under this section.

(f) Any law to the contrary notwithstanding, any branch of state government may provide lump sum merit reward payments to qualified employees pursuant to this section if the government entity regularly assigns employees to standardized pay ranges and administers annual performance appraisals. The award of lump sum merit reward payments to employees pursuant to this subsection shall be subject to the approval of the applicable appointing authority.
Ala. Code § 36-20-10 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-10
Section 36-20-10 Probate Judge May Deliver Register to Another Notary; Provision of Certified Copies from Register
Status: reserved

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
Ala. Code § 36-26-18 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-18
Section 36-26-18 Extraordinary Appointments
Status: in_force

(a) Extraordinary appointments include temporary appointments, emergency appointments, exceptional appointments and provisional appointments.

(b) Whenever the services to be rendered by an appointee are for a temporary period not to exceed 104 workdays and the need for such service is important and urgent, the director may select for such temporary service any person on the proper eligible register without regard to his standing on such register. Successive temporary appointments to the same position or of the same candidate shall not be made under this provision. The acceptance or refusal by an eligible of such temporary appointment shall not affect his standing on the register for regular employment, nor shall a period of temporary service be counted as a part of the probationary service in case of subsequent appointment to a regular position.

(c) Whenever there is an emergency condition existing in the service, appointment may be made of a noneligible person to perform work in such position and under such conditions, but in no case shall such appointment be continued for more than 10 days, and in no case shall successive emergency appointments be made.

(d) Whenever there is a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, professional or educational character are required and upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can best be filled by the selection of some designated person of high and recognized attainments in such qualities, the personnel board upon recommendation of the personnel director may suspend the examination requirements in such case, but no suspension shall be general in its application to such place or position, and all such cases of suspension shall be reported in the annual report of the department with the reasons for such action in each case.

(e) Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the director. If such nominee is found by the director to have had experience and training which appear to qualify him for the position, the director may authorize the appointment of such person to such vacancy only until an appropriate eligible register can be established and appointment made therefrom. In no event shall a provisional appointment be continued for more than 156 workdays. Successive provisional appointments of the same person shall not be made.

(f) When the Governor declares that an emergency warranting such action exists, such as a war or other national emergency that causes serious manpower problems, limited tenure appointments may be made. Qualification standards may be lowered in such cases, but whenever practicable there shall be competition among those meeting the lowered standards for such appointments. The personnel director may, however, in the absence of any appropriate lists, authorize a limited tenure appointment without examination. In either case such appointments shall be for not longer than the “duration plus six months” and shall give persons so appointed no status in the classified service by reason of such durational appointment. Such limited tenure appointments shall be made by the authority designated by law in accordance with the provisions of this article.
Ala. Code § 36-29A-5 — Alabama Code / Title 36 / Chapter 29A / Section 36-29A-5
Section 36-29A-5 Preretirement Death Benefits Not Affected
Status: in_force

This chapter does not affect or repeal preretirement death benefits provided by the retirement systems or benefits provided by Sections 36-30-1 through 36-30-23.
Ala. Code § 36-4-5 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-5
Section 36-4-5 Administration and Filing of Oaths of Deputies
Status: in_force

Whenever any officer is authorized or required to appoint a deputy, such deputy, before he proceeds to act, must take the oath prescribed by the constitution, which must be accompanied with the same certificate, filed in the same office, with the same endorsement thereon, as the oaths of his principal. The provisions of this section shall not apply to any deputy who may be employed in particular cases only.
Ala. Code § 36-24-1 — Alabama Code / Title 36 / Chapter 24 / Section 36-24-1
Section 36-24-1 Authorized
Status: in_force

Whenever by lack of space in the Capitol it is impossible or impracticable to provide proper and sufficient office accommodation in the Capitol for every state officer who is entitled or required to have an office at the Capitol, the Governor, with the approval of the Department of Finance, may in his discretion rent in the City of Montgomery for the use of such officer suitable and adequate offices, for such length of time as may be suitable or expedient, and may agree with the lessor of such office on a reasonable rental therefor.
Ala. Code § 36-21-55.2 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-55.2
Section 36-21-55.2 Disclosure of Information
Status: in_force

(a) Any law enforcement agency that is a potential employer of a law enforcement officer shall request, through the database from the commission, either in writing or electronically, disclosure of the information maintained by the commission as required in subdivisions (b)(1) and (b)(2) of Section 36-21-55.1.

(b) In the event that the database does not include information with respect to the law enforcement officer, any law enforcement agency that previously employed or appointed the law enforcement officer, upon receiving a written request from an employing law enforcement agency in this state, shall disclose a full and fair description of the former law enforcement officer’s employment history with that agency to include the information in subdivisions (b)(1) and (b)(2) of Section 36-21-55.1, if available.

(c) Information disclosed pursuant to subsection (b) shall only be used for employment or appointment decisions, and the law enforcement agency receiving the disclosures shall maintain the confidentiality of the employment or appointment information.

(d) An individual acting on behalf of a law enforcement agency shall be immune from civil liability for disclosing information required by this section if that disclosure was made in good faith and in response to a proper written request made pursuant to this division.
Ala. Code § 36-5-44 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-44
Section 36-5-44 Payment of Premiums on Bonds
Status: in_force

When any official bond or bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall be secured or insured by a guaranty or surety company or companies, the premiums shall be paid out of the funds of the department, institution, commission, bureau or agency for the officers or employees of the same.
Ala. Code § 36-36-7 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-7
Section 36-36-7 Legislative Intent
Status: in_force

It is the intent of the Legislature that the state and the boards establish and the trustees operate the trusts in compliance with the Internal Revenue Code of the United States of America in a manner which would allow the trusts to maximize investment earnings while minimizing the costs to the state and its employees and other citizens of satisfying the health care post-employment benefits obligation. It is also the intent of the Legislature that the trusts be operated in a manner that satisfies the definition of other post-employment benefits trusts under generally accepted governmental accounting principles. The trusts shall not be subject to any provision of a law of the state (or any subdivision thereof) which conflicts with that legislative intent or would prevent or unreasonably hinder the accomplishment of the purposes of this chapter.
Ala. Code § 36-6-101 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-101
Section 36-6-101 Inapplicability to Certain Employees
Status: in_force

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

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

(c) The salary increase granted under this division shall not apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court, or district attorney.
Ala. Code § 36-13-14 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-14
Section 36-13-14 Provision of Personnel to Provide Protection and Security for Former Governors
Status: in_force

(a) The Department of Public Safety shall provide and maintain two personnel to provide protection and security to the person of any former governor, who while in office, sustained permanent bodily injury from any violent criminal act of another.

(b) Such personnel shall be provided beginning at the end of the term of office of any such Governor and shall continue for such time and duration as deemed necessary by such former governor.
Ala. Code § 36-22-16 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-16
Section 36-22-16 Compensation
Status: in_force

(a) Sheriffs of the several counties in this state shall be compensated for their services by an annual salary payable in equal installments out of the county treasury as the salaries of other county employees are paid. The annual salary of the sheriff shall be $35,000.00, commencing with the next term of office, unless a higher salary is specifically provided for by law by general or local act hereafter enacted.

(b) Such salary shall be in lieu of all fees, compensation, allowance, percentages, charges and costs, except as otherwise provided by law. The sheriff and his deputies shall, however, be entitled to collect and retain such mileage and expense allowance as may be payable according to law for returning or transferring prisoners and insane persons to or from points outside the county.
Ala. Code § 36-26-24 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-24
Section 36-26-24 Transfers
Status: in_force

An appointing authority may, at any time, assign a classified employee under his jurisdiction from one position to another in the same class. Any classified employee may be transferred from one department to another in the same class; provided, that the director shall have authorized the transfer and shall have received the approval of both appointing authorities concerned. In every case involving transfer, the appointing authority shall submit a written request to the director.
Ala. Code § 36-22-7 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-7
Section 36-22-7 Sheriff, Etc., Justified in Executing Process Regular on Face and Issued by Competent Authority
Status: in_force

Whenever it appears that the process is regular on its face and is issued by competent authority, a sheriff or other ministerial officer is justified in the execution of the same, whatever may be the defect in the proceeding on which it was issued.
Ala. Code § 36-6-152 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-152
Section 36-6-152 Revision to Schedule of Rates
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall send the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to employees of the Legislature, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House, and the Director of the Legislative Services Agency for employees of the Legislative Services Agency shall revise the schedule of rates set forth in the pay plan for their employees to reflect the increase provided in this division and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-20-52 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-52
Section 36-20-52 Rules of Procedure
Status: in_force

The Secretary of State may adopt rules prescribing all of the following:

(1) The form and content of authentic acts, oaths, acknowledgments, and signatures and seals or their legal equivalents.

(2) Procedures for the permanent archiving of authentic acts, maintaining records of acknowledgments and oaths, and procedures for the administration of oaths and taking of acknowledgments.

(3) The charging of reasonable fees to be retained by the Secretary of State for the purpose of administering this article.

(4) Educational requirements and procedures for testing applicants’ knowledge of all matters relevant to the appointment, authority, duties, or legal or ethical responsibilities of a civil law notary.

(5) Procedures for the disciplining of civil law notaries, including, but not limited to, the suspension and revocation of appointments for failure to comply with the requirements of this article or the rules of the Secretary of State, or for misrepresentation or fraud regarding the civil law notary’s authority, the effect of the civil law notary’s authentic acts, or the identities or acts of the parties to a transaction.

(6) Bonding or errors and omissions insurance requirements, or both, for civil law notaries.

(7) Other matters necessary for administering this article.
Ala. Code § 36-36-8 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-8
Section 36-36-8 Liability of Trustees
Status: in_force

(a) A trustee shall not be: (1) personally liable for any liability, loss, or expense suffered by the trust, unless such liability, loss, or expense arises out of or results from the willful misconduct or intentional wrongdoing of such trustee; (2) responsible for the adequacy of the trust to meet and discharge any obligation under the relevant health care post-employment benefit plan; or (3) required to take action to enforce the payment of any contribution or appropriation to the trust.

(b) The trustees may be indemnified by the trusts and from funds of the trusts against costs, liabilities, losses, damages, and expenses, including their attorneys fees, as more fully provided in the respective trust agreements, unless such cost, liability, loss, damage, or expense arises out of or results from the willful misconduct or intentional wrongdoing of such trustee.
Ala. Code § 36-27-18 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-18
Section 36-27-18 Retirement with Not Less Than 30 Years’ Creditable Service
Status: in_force

(a) In addition to any law or part of any law relating to service retirement under the Employees’ Retirement System of Alabama, any member of the Employees’ Retirement System who withdraws from service after the completion of not less than 30 years of creditable service may retire without a reduction in retirement allowance upon written application to the Board of Control of the Employees’ Retirement System setting forth the first day of which month, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired.

(b) All retirement allowance payments due on or after January 1, 1976, to members of the Employees’ Retirement System of Alabama who retired prior to said date shall be redetermined as if the provisions of this section were in effect at the time they retired; provided, that any increase in the retirement allowance payment for a member who retired under the provisions of any optional benefit elected pursuant to Acts 1945, No. 515, as amended, shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any such optional benefit shall receive any increase in such payment.
Ala. Code § 36-3-4 — Alabama Code / Title 36 / Chapter 3 / Section 36-3-4
Section 36-3-4 Terms of Office of County Officers Generally
Status: in_force

(a) The sheriff, one coroner, members of county commissions, one county treasurer, when elective, and one constable for each election precinct shall hold their respective offices for the term of four years from the first Monday after the second Tuesday of January next after their election and until their successors are elected and qualified, except as provided in subsection (b) hereof.

(b) Beginning with the next term of office for each county commissioner, such term shall expire six days next following the day of the general election at which the successor to that office is elected. Thereafter each such county commissioner shall hold his respective office from 12:01 A.M. of the seventh day next following his election and until his successor is elected and qualified.
Ala. Code § 36-14-18 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-18
Section 36-14-18 Performance of Duties Under Alabama Fair Campaign Practices Act
Status: in_force

The Secretary of State shall perform all duties required by the Alabama Fair Campaign Practices Act, including, but not limited to, the following:

(1) Maintain a system for the electronic filing of campaign finance reports.

(2) Levy and collect civil penalties for failure to file timely reports.

(3) Work cooperatively with the State Ethics Commission to fully implement and enforce all campaign finance laws.
Ala. Code § 36-27-55.7 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55.7
Section 36-27-55.7 Purchase of Credit for Prior Service with U. S. Department of Agriculture Farm Service Agency
Status: in_force

(a) Any active and contributing member of the Teachers’ Retirement System or the Employees’ Retirement System who has 10 years or more of credible service in either system may claim and purchase service credit in the system for up to 10 years of prior service for employment as an employee with the United States Department of Agriculture Farm Service Agency if the member complies with the conditions prescribed in subsection (b). No member shall receive credit for any service that the member is already credited with in the system or any other public retirement plan, with the exception of the federal Social Security program.

(b) Any member who is eligible to purchase service credit pursuant to subsection (a) shall pay to the Secretary-Treasurer of the system, by May 23, 2013, the full actuarially determined cost for each year of claimed service as determined by the system’s actuary.

(c) Any year of service purchased under the provisions of this section shall not be considered in determining the out-of-pocket premium amount charged to retirees under the provisions of Section 16-25A-8.1 or Section 36-29-19.7. Also, any service purchased under this section shall not entitle a member to be eligible for benefits under either the Public Education Employees’ Health Insurance Plan or the State Employees’ Health Insurance Plan any earlier than the member could have reached eligibility under the plan without the service purchased under the provisions of this section.
Ala. Code § 36-1-4.3 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-4.3
Section 36-1-4.3 Salary Deductions for Dues, Contributions, and Premiums; Termination of Deductions; Administration Fee
Status: in_force

(a)(1) Subject to the restrictions of Section 17-17-5, the Comptroller shall adopt statewide policies that provide for deductions from the salaries of state employees or groups of state employees whenever a request is presented to the Comptroller by a group of at least 200 participating state employees; provided, however, that deductions being made as of April 23, 1985, shall continue to be made. The deductions shall be made at least monthly and shall be remitted to the appropriate company, association, or organization as specified by the employees. The deductions may be made for membership dues, voluntary contributions, insurance premiums, and financial instruments offered through state employee membership associations, not to include deferred compensation plans. Any deduction provided under this section may be terminated upon two months’ written notice by a state employee to the appropriate company, association, or organization and to the appropriate payroll clerk or other appropriate officials as specified by the Comptroller.

(2) For the purposes of this subsection, the term “financial instrument” means an executed agreement or contract for the specified terms of repayment. The state bears no liability on repayment between an employee and a financial institution.

(b) The Comptroller may, at his or her discretion, collect from the deductions withheld a cost of administration fee not to exceed one percent of the total deduction collected.
Ala. Code § 36-11-9 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and Service of Order to Appear and Answer Information, Summons and Copy of Information; Setting of Trial Date, Granting of Continuances, Etc
Status: in_force

If such information shall be filed under Section 174 of Article 7 of the constitution, the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring the officer proceeded against to appear at a place and on a day, which may be either in term time or vacation, to be specified in the order and answer the information. The clerk of the court shall issue a summons, in which shall be set forth a copy of the order, directed to any sheriff of the State of Alabama, which, together with a copy of the information, shall be served on the defendant. If the summons is served 20 days before the day specified in the order, the defendant shall answer the information on the day specified; and, if the summons is served less than 20 days before the day so specified, the court, in term time, or a justice thereof, in vacation, shall on the day so specified make an order setting another day, not exceeding 20 days thereafter, on which the defendant shall answer the information. Another day may be set and another summons issued as often as may be necessary, and continuances may be granted in the discretion of the court, but the cases provided for in this section shall have precedence and priority over all other business in the court.
Ala. Code § 36-26-67 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-67
Section 36-26-67 Employees of Educational or Public Television Network
Status: in_force

(a) All persons employed on a full-time basis by Alabama educational television or Alabama public television network, who were employed after January 1, 1981, shall be covered under the state Merit System law and shall be extended all benefits of such system.

(b) The classification of personnel employed prior to January 1, 1981, shall not result in any decrease in salary or benefits already vested in said employees, nor shall said classification result in the termination of employment of any presently employed person for failure to meet any qualifications issued by the State Personnel Department, provided, however, that two years after May 17, 1981, all employees must occupy a position in the classified service under the appropriate class based on qualifications and duties for each position as established by the State Personnel Department.
Ala. Code § 36-26-30 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-30
Section 36-26-30 Effect of Entry, Etc., into Active Service of United States Armed Forces Upon Status of Classified Employees
Status: in_force

Any person who, at the time he is called into active service in any of the Armed Forces of the United States or at the time when he enters into the active service in any of the Armed Forces of the United States, has any status whatsoever under this article in the classified service as defined by this article, shall not thereby lose his status by reason of his service in any of the Armed Forces of the United States.
Ala. Code § 36-27-7.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-7.2
Section 36-27-7.2 Reopening of Employees’ Retirement System for Purchase of Prior Service Credit by Active and Contributing Member of Cooperative Extension Service of Auburn University
Status: in_force

(a) Pursuant to Section 36-27-7.1, an active and contributing member of the Employees’ Retirement System may elect to purchase prior service credit for full time employment he or she had in the Cooperative Extension Service at Auburn University, acquired before May 1, 1976, provided the person complies with the following conditions prescribed in this section.

(b) A member eligible to claim and purchase the credit for service under subsection (a) shall be awarded creditable service under the Employees’ Retirement System. The member shall pay into his or her retirement system or fund, prior to the date of retirement of the member and prior to October 1, 1997, a sum equal to a percentage of his or her current annual earnable compensation, or average final compensation, whichever shall be greater, for each year of service purchased. The applicable percentage of this current annual earnable compensation or average final salary, whichever shall be greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation, for each year of service purchased.

(c) The provisions of this section to reopen the retirement system or fund shall terminate October 1, 1997, and no one shall be eligible to utilize the options granted if not fully exercised and paid prior to October 1, 1997.
Ala. Code § 36-27-70 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-70
Section 36-27-70 Who Is Eligible for Additional Credit
Status: in_force

Any active and contributing member of the Employees’ Retirement System who was a regular employee of an agency eligible for participation in the Employees’ Retirement System under Section 36-27-6 and is now covered by the Employees’ Retirement System shall be eligible to receive up to eight years of creditable service for the employment, provided that the member of the Employees’ Retirement System claiming the credit shall have attained not less than five years of contributing membership service credit exclusive of military service credit under the Employees’ Retirement System, has not received credit for the same prior service under any retirement system other than the federal Social Security program, and provided further, that the member performs and complies with the conditions prescribed in Section 36-27-71.
Ala. Code § 36-27A-6 — Alabama Code / Title 36 / Chapter 27A / Section 36-27A-6
Section 36-27A-6 Contributions
Status: in_force

Contributions to the PEIRAF may be deducted from each participating employee’s compensation or retirement allowance and transmitted to the PEIRAF in accordance with any limitations imposed by federal tax law for any tax deferred savings plan offered pursuant to the provisions of this chapter and pursuant to such rules and regulations as shall be promulgated by the board.
Ala. Code § 36-29A-1 — Alabama Code / Title 36 / Chapter 29A / Section 36-29A-1
Section 36-29A-1 Compensation for Personal Injuries of State Employees, Etc
Status: in_force

The Director of Finance shall have the authority to implement a program to provide compensation for employees of the state and its agencies, departments, boards, or commissions and members of the Alabama National Guard and Alabama State Defense Force while on active military service for the state who suffer personal injury as a result of accidents arising out of and in the course of their state employment or active military service, under such terms and conditions as the Director of Finance shall determine. The program will be administered by the Division of Risk Management of the Department of Finance, and will take effect on October 1, 1994.
Ala. Code § 36-22-60 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-60
Section 36-22-60 Qualifications; Election; Filling of Vacancy; Article Applies Only to Elected Sheriffs
Status: in_force

Any sheriff, on or after July 19, 1979, of any county of this state may elect to participate in the supernumerary sheriff’s program provided by this article. Any sheriff, on or after July 19, 1979, of any county of this state: (1) Who has had 12 years of service credit as a law enforcement officer, four of which have been as a sheriff and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians; or (2) Who has had 16 years of service credit as a law enforcement officer, 12 of which have been as a sheriff, and who has reached the age of 55 years; may elect to become a supernumerary sheriff of the county by filing a written declaration to that effect with the Governor not more than 90 days prior to the end of the 16 year period or reaching the age of 55 years, both having been fulfilled, or at any time thereafter. If the Governor shall find that any such declarant is qualified under either subdivision (1) or (2) of this section, he shall then issue such declarant a commission as supernumerary sheriff. The office of sheriff made vacant by the election of such declarant shall be filled by appointment of the Governor as now provided by law. This section shall apply only to sheriffs who have been elected to that office.
Ala. Code § 36-21-127 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-127
Section 36-21-127 Powers of Police Officers
Status: in_force

(a) Any police officer hired by the tribe pursuant to Section 36-21-126 shall be charged with all of the powers of state police officers, including, but not limited to, the right to bear firearms. A police officer may do any of the following: (1) Eject trespassers from the buildings and grounds of the reservation. (2) Without a warrant, arrest an individual who is engaging in disorderly conduct, trespassing upon reservation property, or committing any offense on the reservation in the presence of the police officer. (3) Bring any individual arrested under subdivision (2) before a court having jurisdiction and, upon proper affidavit, charge the individual with committing the offense. (4) With a lawful warrant, arrest any individual for committing any offense on the reservation and bring the individual before a court having jurisdiction for charging and prosecution. (b) Any individual who is lawfully arrested by a police officer who is employed by the tribe may be received into the custody of the law enforcement agency that would otherwise have jurisdiction over the offense for incarceration and may be prosecuted before the court having jurisdiction.

(1) Eject trespassers from the buildings and grounds of the reservation.

(2) Without a warrant, arrest an individual who is engaging in disorderly conduct, trespassing upon reservation property, or committing any offense on the reservation in the presence of the police officer.

(3) Bring any individual arrested under subdivision (2) before a court having jurisdiction and, upon proper affidavit, charge the individual with committing the offense.

(4) With a lawful warrant, arrest any individual for committing any offense on the reservation and bring the individual before a court having jurisdiction for charging and prosecution.

(b) Any individual who is lawfully arrested by a police officer who is employed by the tribe may be received into the custody of the law enforcement agency that would otherwise have jurisdiction over the offense for incarceration and may be prosecuted before the court having jurisdiction.
Ala. Code § 36-33-4 — Alabama Code / Title 36 / Chapter 33 / Section 36-33-4
Section 36-33-4 Threatening, Etc., Certain State Officers, Etc
Status: in_force

(a) Whoever knowingly and willfully deposits for conveyance in the mail or for delivery from any post office or by any letter carrier any letter, paper, writing, print, missive or document containing any threat to take the life of or to inflict bodily harm upon the Governor of the State of Alabama, the Governor-elect, the Lieutenant Governor or other officer next in order of succession to the Office of Governor of the State of Alabama, or the Lieutenant Governor-elect or the Attorney General and the Attorney General-elect or protectee of the Department of Public Safety, or knowingly and willfully either telephonically or otherwise makes any such threat against the Governor, Governor-elect, Lieutenant Governor or other officer next in the order of succession to the Office of Governor, or the Lieutenant Governor-elect or the Attorney General and the Attorney General-elect or protectee of the Department of Public Safety, shall be fined not more than $1,000.00 or imprisoned not more than five years, or both.

(b) Any of the offenses in subsection (a) of this section may be deemed to have been committed at either the place at which a letter, paper, writing, print, missive or document was deposited for conveyance or at the place where the same was received if either of said places is within this state; or at the place at which the telephone call or calls were made, or at the place where the telephone call or calls were received if either of said places be within this state.
Ala. Code § 36-19-31 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-31
Section 36-19-31 State Fire Marshal’s Fund - Established
Status: in_force

(a) There is established in the State Treasury a special fund to be known as the State Fire Marshal’s Fund. All sums received by the State Fire Marshal’s Office through the payment of fees and the recovery of civil penalties, grants, and appropriations by the Legislature, including funds received pursuant to Article 8, Article 8A, Article 9, and Article 10 of Chapter 17 of Title 8, and pursuant to Chapter 33 and Chapter 33A of Title 34, shall be deposited in the State Fire Marshal’s Fund.

(b) The State Fire Marshal’s Fund shall be expended for the operation of the State Fire Marshal’s Office, including the administration and enforcement of Article 8, Article 8A, Article 9, and Article 10 of Chapter 17 of Title 8, and of Chapter 33 and Chapter 33A of Title 34, for training and research programs, and to support fire safety and prevention programs.

(c) No funds shall be withdrawn or expended from the State Fire Marshal’s Fund except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, or other appropriations act. Any unencumbered and unexpended balance of the fund remaining at the end of any fiscal year shall not lapse or revert to the General Fund but shall be carried forward to the next fiscal year.
Ala. Code § 36-6-132 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-132
Section 36-6-132 Inapplicability to Certain Employees
Status: in_force

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

(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
Ala. Code § 36-21-224 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-224
Section 36-21-224
Status: in_force

(a) Approval for a scholarship shall be granted to an eligible dependent upon submission of the documentation required under Section 36-21-223 and shall continue for the number of academic periods for which a scholarship may be available as provided in Section 36-21-222(a) upon meeting the following conditions:

(1) That the recipient complies with the Standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the federal Higher Education Act and as defined by the participating institution for each academic period for which the recipient is enrolled.

(2) That the recipient maintains his or her full-time residency in the state.

(3) That the recipient completes the academic terms for which the scholarship is available within 66 months of the approval of the application, in the absence of a formal waiver of this condition by the commission due to injury, illness, the necessity of part-time enrollment, or some other extraordinary circumstance.

(b) If the recipient’s eligibility is based on spousal status, eligibility shall end if the marriage to the qualifying law enforcement officer is terminated by a decree of divorce or, in the case of a recipient who is a surviving spouse, remarriage.

(c) A recipient may maintain eligibility for a scholarship while changing his or her approved postsecondary program or transferring to another participating institution, or both, only if the change or transfer is approved by the appropriate participating institution no later than the beginning of the fifth semester or the ninth quarter for which the scholarship would be available.
Ala. Code § 36-30-6 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-6
Section 36-30-6 Hearing and Determination of Claims by Board of Adjustment; Entry of Judgment and Order for Payment of Compensation
Status: in_force

The Board of Adjustment when serving as the awarding authority under this article shall hear and determine claims for compensation under this article in the same manner prescribed by law for the hearing and determination by such board of other claims against the state. If, when acting as the awarding authority, it determines that an applicant for compensation under this article is entitled thereto, it may adjudge and order that such compensation shall be paid out of the appropriation made by Acts 1966, Ex. Sess., No. 208, p. 256 to the Board of Adjustment for the purposes of this article and, if the funds in such appropriation have been exhausted, then out of any fund or funds appropriated to the Board of Adjustment for the purposes of Article 4, Chapter 9 of Title 41.
Ala. Code § 36-17-13 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-13
Section 36-17-13 Recordation of Paid and Cancelled Coupons; Destruction of Cancelled Bonds and Coupons
Status: in_force

The Treasurer must enter, in suitable books kept for that purpose, a record of all paid and cancelled coupons of the several classes of coupon bonds issued by the state and all coupon bonds which the state may hereafter issue, such record to be made as soon as practicable after such payment and cancellation. The Examiner of Public Accounts, from time to time, shall examine the cancelled bonds and coupons and shall compare such bonds and coupons with the record made thereof, as required by this section, and with the interest and redemption ledger kept by the Treasurer. Immediately after such examination, the Treasurer and the Examiner of Public Accounts shall then destroy such bonds and coupons, and the state examiner shall certify to the fact of the destruction of such bonds and coupons on the aforesaid record required to be kept by this section.
Ala. Code § 36-25-4.3 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-4.3
Section 36-25-4.3 Ethics Commission - Electronic Database Filing and Access
Status: in_force

(a) The commission, by April 1, 2012, shall implement and maintain each of the following:

(1) A system for electronic filing of all statements, reports, registrations, and notices required by this chapter.

(2) An electronic database accessible to the public through an Internet website which provides at least the following capabilities:

a. Search and retrieval of all statements, reports, and other filings required by this chapter, excluding complaints made confidential by Section 36-25-4(b), by the name of the public official or public employee to which they pertain.

b. Generation of an aggregate list of all things of value provided to each public official or public employee and family member of a public official or public employee as reported pursuant to Section 36-25-19, searchable and retrievable by the name of the public official or public employee.

(b) Notwithstanding subsection (a), the commission shall exclude from any electronic database accessible to the public, identifying information, as defined in Section 41-13-7, that is included in any statement of economic interest filed by any public official or public employee.

(c) The commission shall redact all identifying information on any electronic database accessible to the public, as defined in Section 41-13-7, that is included in any statement of economic interest filed by a public official or public employee and was in the database on August 1, 2013.
Ala. Code § 36-29-19.4 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-19.4
Section 36-29-19.4 Assistance to Low Income Employees and Retirees
Status: in_force

The board shall provide assistance to low income employees and retirees who meet the federal poverty levels defined in this section, effective October 1, 2005, and for each fiscal year thereafter.

(1) For employees and retirees who contribute to the cost of their health insurance premium and with annual income (determined as provided below on an aggregate basis for an employee or retiree and spouse) equal to or below 300 percent of the federal poverty level, the employee or retiree contribution shall be reduced as follows:

a. For employees or retirees with annual income equal to or less than 100 percent of the federal poverty level, the employee contribution will be calculated using 50 percent of the applicable premium.

b. For employees or retirees with annual income equal to or less than 150 percent of the federal poverty level, but more than 100 percent of the federal poverty level, the employee contribution shall be calculated using 60 percent of the applicable premium.

c. For employees or retirees with annual income equal to or less than 200 percent of the federal poverty level, but more than 150 percent of the federal poverty level, the employee contribution shall be calculated using 70 percent of the applicable premium.

d. For employees or retirees with annual income equal to or less than 250 percent of the federal poverty level, but more than 200 percent of the federal poverty level, the employee contribution shall be calculated using 80 percent of the applicable premium.

e. For employees or retirees with annual income equal to or less than 300 percent of the federal poverty level, but more than 250 percent of the federal poverty level, the employee contribution shall be calculated using 90 percent of the applicable premium.

(2) An application procedure shall be devised and implemented by the board through which employees and retirees may apply for the federal poverty level assistance described in this section. For purposes of applying for federal poverty level assistance, the annual income of an employee or retiree shall be aggregated with the annual income of the spouse of such employee or retiree and shall include all sources of income including, but not limited to, wages, pension benefits, and Social Security benefits, that may be included in gross income for purposes of federal income taxation. Applicants must submit with their application a copy of their federal tax return and, if the applicant did not file a joint return with his or her spouse, a copy of the spouse’s federal tax return. Any reduction in an employee’s or retiree’s contribution pursuant to this section shall not be considered income of the employee or retiree for purposes of determining Medicaid eligibility for such employee or retiree.
Ala. Code § 36-25-16 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-16
Section 36-25-16 Reports by Persons Who Are Related to Public Officials or Public Employees and Who Represent Persons Before Regulatory Body or Contract with State
Status: in_force

(a) When any citizen of the state or business with which he or she is associated represents for a fee any person before a regulatory body of the Executive Branch, he or she shall report to the commission the name of any adult child, parent, spouse, brother, or sister who is a public official or a public employee of that regulatory body of the Executive Branch.

(b) When any citizen of the state or business with which the person is associated enters into a contract for the sale of goods or services to the State of Alabama or any of its agencies or any county or municipality and any of their respective agencies in amounts exceeding seven thousand five hundred dollars ($7,500), he or she shall report to the commission the names of any adult child, parent, spouse, brother, or sister who is a public official or public employee of the agency or department with whom the contract is made.

(c) This section shall not apply to any contract for the sale of goods or services awarded through a process of public notice and competitive bidding.

(d) Each regulatory body of the Executive Branch, or any agency of the State of Alabama shall be responsible for notifying citizens affected by this chapter of the requirements of this section.
Ala. Code § 36-21-6 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-6
Section 36-21-6 Overtime - “State Law Enforcement Officer” Defined
Status: in_force

A “state law enforcement officer” shall be defined as a full-time state employee who has the power of a peace officer and who is sworn to uphold the laws and Constitution of the State of Alabama and has the power of arrest and who complies with the Minimum Standards and Training Act.
Ala. Code § 36-27-149 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-149
Section 36-27-149 Persons Receiving Medicaid Benefits
Status: in_force

Any person who received benefits under the Medicaid program and whose eligibility for Medicaid benefits would be impaired by the cost-of-living increase provided by this article shall not be entitled to receive the increase. Any person who subsequently applies for benefits under the Medicaid program and that person’s eligibility to receive benefits is impaired by the cost-of-living increase provided by this article, shall not be entitled to receive the increase subsequent to the date that the member files application for benefits under the Medicaid program.
Ala. Code § 36-25A-8 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-8
Section 36-25A-8 Immunity from Suit
Status: in_force

In addition to any existing applicable immunity, members of a governmental body and any of its employees participating in a meeting conducted in conformance with this chapter shall have an absolute privilege and immunity from suit for any statement made during the meeting which relates to an action pending before the governmental body.
Ala. Code § 36-11-6 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-6
Section 36-11-6 Institution of Impeachment Proceedings by Five Resident Taxpayers
Status: in_force

Any five resident taxpayers of the division, circuit, district, county, city or town for which the officer sought to be impeached was elected or appointed may institute proceedings of impeachment under Sections 174 and 175 of Article 7 of the constitution upon giving bond, with sufficient sureties, payable to the officer sought to be impeached, conditioned to prosecute the impeachment to effect and, failing therein, to pay all costs that may be incurred, which bond shall be taken and approved by the clerk of the court before which the proceedings are proposed to be instituted.
Ala. Code § 36-17-5 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-5
Section 36-17-5 Officers and Employees Subject to Merit System
Status: in_force

All officers and employees in the office of the Treasurer shall be subject to the provisions of the Merit System.
Ala. Code § 36-1-11 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-11
Section 36-1-11 Concurrent Employment in Private Sector
Status: in_force

All persons who are regularly employed by the state and whose pay is seventy-five thousand dollars ($75,000) or less exclusive of benefits shall be permitted to also engage in employment in the private sector if the employment is not specifically prohibited by statute, and if there is no conflict with the state job of the state employee. However, no employee shall engage in employment in the private sector during their scheduled working hours. The entity that employed the state employee shall not do business with or be employed by the department that employs the state employee.
Ala. Code § 36-5-8 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-8
Section 36-5-8 Bonds Not to Be Filed Unless Properly Approved
Status: in_force

No officer, with whom any official bond is required to be filed, shall allow the same to be filed in his office, unless the approval of the proper officer appears thereon, endorsed according to the provisions of this article.
Ala. Code § 36-26-46 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-46
Section 36-26-46 State Capitol Guides Classified as “Capitol Hostesses.”
Status: in_force

All persons employed as guides in the State Capitol complex shall be classified as “Capitol Hostesses” under the provisions of the state Merit System.
Ala. Code § 36-22-62 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-62
Section 36-22-62 Amount of Benefits
Status: in_force

(a) Those persons eligible under either subdivisions (1) or (2) of Section 36-22-60, who have 16 years of creditable service as a law enforcement officer, 12 of which were served as sheriff, shall be entitled to receive an amount equal to 50 percent of the monthly salary paid such person at the time of the completion of his service in office, and shall be entitled to receive an additional amount equal to two percent of such person’s said monthly salary for each additional year of service up to a maximum of 65 percent of such monthly salary, but in no event shall any person receive payments pursuant to both the supernumerary and disability supernumerary provisions simultaneously. All such payments shall be paid from the general fund of the county in which said eligible person is serving upon his election to become a supernumerary sheriff or to become a supernumerary sheriff due to a disability.

(b) Those persons eligible under either subdivisions (1) or (2) of Section 36-22-60, that may elect to become a supernumerary sheriff shall be entitled to receive a cost-of-living increase as the remuneration of the office of sheriff increases from which the supernumerary sheriff elected to vacate. Said cost-of-living increase shall be equal to the percentage allowed said supernumerary sheriff of the present sheriff’s remuneration.
Ala. Code § 36-6-81 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-81
Section 36-6-81 Inapplicability to Certain Employees
Status: in_force

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

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

(c) This division shall not apply to any circuit or district judge, Supreme Court Justice, judge of an appellate court, or district attorney who received a salary increase due to Act 99-427.

(d) This division shall not apply to any circuit clerk or register who received a salary increase due to Act 98-301.
Ala. Code § 36-19-11 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-11
Section 36-19-11 Inspection of Buildings, Etc., by Fire Marshal, Deputies or Assistants; Issuance of Order for Removal of Combustible Matter, Correction of Inflammable Conditions, Etc
Status: in_force

The Fire Marshal, his deputies or assistants, upon the complaint in writing of any citizen, or whenever he or they shall deem it necessary, shall inspect at all reasonable hours any and all buildings or premises within their jurisdiction. When any such officer shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is especially liable to fire and is situated so as to endanger life or property, and whenever any such officer shall find in any building combustible or explosive matter or inflammable conditions dangerous to the safety of such building, he or they shall order the same removed or remedied, and such order shall be immediately complied with by the owner or occupant of such premises or buildings.
Ala. Code § 36-19-10 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-10
Section 36-19-10 Regulation of Emergency Drills and Doors and Exits in Schools, Factories, Hospitals, Etc
Status: in_force

The Fire Marshal and his or her deputies and assistants shall require officials and teachers of public and private schools and educational institutions to have at least one emergency drill each month and to have all doors and exits at the schools and educational institutions open out and that all the doors and exits shall be unlocked during school hours and that the doors and exits of factories, asylums, hospitals, churches, halls, theatres, amphitheaters, and other places in which numbers of persons live, work, or congregate from time to time, for any purpose or purposes, shall open out. For the purposes of this section, an emergency drill shall include, but not be limited to, a fire drill, severe weather drill, or school lockdown drill as provided in Section 16-1-44.
Ala. Code § 36-26-113 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-113
Section 36-26-113 Other Disciplinary Action Against Employees - Contest
Status: reserved

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

(a) At its first meeting, the board shall elect one of its members as chair.

(b) The board may adopt regulations necessary to implement this chapter. Regulations adopted are exempt from the Alabama Administrative Procedure Act.

(c) The board may contract with one or more entities for the daily operation and investment of funds under this chapter.

(d) The board may adopt one or more defined contribution plans as described in Section 401 of the Internal Revenue Code if the board determines that doing so will offer substantial tax benefits to any segment of the participants covered under this chapter.
Ala. Code § 36-30-2 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-2
Section 36-30-2 Deaths Deemed Compensable; Compensation for Total Disability; Amount of Compensation
Status: in_force

(a)(1)a. In the event a first responder is killed, either accidentally or deliberately; or dies as a result of injuries received while engaged in the performance of his or her duties; or dies as a direct and proximate result of a heart attack or stroke; or within 14 calendar days after being required to report to his or her usual place of employment, he or she contracts COVID-19 between March 13, 2020, and December 31, 2022, as confirmed by a positive test or diagnosis by a licensed medical professional, and dies as a result of COVID-19 or complications therefrom, his or her beneficiaries or dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3.

b. This subsection does not apply if the first responder’s death was caused by the willful misconduct of the first responder or was due to his or her own intoxication or his or her willful failure or refusal to use safety appliances provided by his or her employer or his or her willful refusal or neglect to perform a statutory duty or any other willful violation of a law or his or her willful breach of a reasonable rule or regulation governing the performance of his or her duties or his or her employment of which rule or regulation he or she had knowledge. Notwithstanding the foregoing, for purposes of deaths caused by COVID-19, the dependents or beneficiaries of the deceased first responder shall be entitled to the compensation described in paragraph (a)(1)a. regardless of the first responder’s vaccination status against COVID-19, and regardless of whether the first responder regularly wore masks or other filtration devices in the performance of his or her duties.

(2) Any first responder whose death results proximately from an injury received while performing his or her duties, for the purposes of this article, shall be deemed to have been killed while in the performance of such duties. A volunteer firefighter or a member of an organized rescue squad who dies of cardiac arrest, cerebrovascular accident, or pulmonary edema within 24 hours after preparing to respond to a called emergency or responding to an emergency; or after serving in his or her capacity at an emergency; or after participating in a required physical training exercise shall be presumed to have died in the performance of his or her duties. If the State Health Officer determines from all available evidence that a volunteer firefighter, who is a member of an organized volunteer fire department registered with the Alabama Forestry Commission, has become totally disabled as a result of any injury received while engaged in the performance of his or her fire-fighting duties and the disability is likely to continue for more than 12 months from the date the injury is incurred, then the firefighter shall be entitled to receive disability compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury as provided in Section 36-30-3. The term total disability shall be interpreted to mean that the injured party is medically disabled to the extent that he or she cannot perform the duties of the job occupation or profession in which he or she was engaging at the time the injury was sustained. The State Health Officer may seek the assistance of any state agency in making the determination of disability and the state agencies shall cooperate with the State Health Officer in such regard. The State Health Officer shall render a decision within 30 days of the time a claim is filed. If a volunteer firefighter disagrees with any officer, he or she may appeal the determination to the State Board of Adjustment in accordance with such board’s procedures for such appeals.

(b) Beginning in calendar year 2009, the compensation amounts payable under this section shall be adjusted on January 1 of each year to reflect any increase during the preceding calendar year in the consumer price index as published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall equal the percentage change in the consumer price index during the preceding calendar year.

(c) Any person who currently serves or previously served as a firefighter or law enforcement officer who dies as a result of a firefighter’s occupational disease as defined in Section 11-43-144 or 36-30-40, or law enforcement officer’s occupational disease as defined in Section 36-30-20 shall be qualified for a state death benefit as provided in subsection (a) as if the person died in the performance of his or her duties, provided he or she satisfies the three years’ service requirement and physical examination requirements set forth in Section 11-43-144, 36-30-22, or 36-30-41, respectively.

(d) Any application for the state death benefit that was submitted during the period from April 29, 2010, until May 27, 2015, and denied because the firefighter or law enforcement officer was no longer employed on the date of death may be resubmitted based on subsection (c) within six months of May 27, 2015, and reconsidered and granted by the awarding authority.

(e) The provisions of this section as amended by Act 2021-488 shall be retroactive to any death covered by this chapter as amended after January 1, 2019.

(f) The provisions of this section as amended by Act 2022-437 shall be retroactive to any death caused by COVID-19 covered by this chapter as amended between March 13, 2020, and December 31, 2022.
Ala. Code § 36-21-24 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-24
Section 36-21-24 Command of Police Officers, Etc., Called into Service of State
Status: in_force

All police officers and individuals drawn into the service of the state by the Governor under the authority of this article shall take orders from him or the Governor may, in his discretion, place them under the orders and direction of the sheriff of the county or of the mayor of the municipality, if the locality of their service shall be in an incorporated municipality.
Ala. Code § 36-27-45 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-45
Section 36-27-45 Redetermination of Allowance Payments Due on or After October 1, 1975
Status: in_force

All retirement allowance payments due on or after October 1, 1975, to members of the Employees’ Retirement System of Alabama who retired prior to said date shall be redetermined as if the provisions of this division were in effect at the time they retired; provided, that any increase provided in the retirement allowance payment under this section for a member who retired under the provisions of any optional benefit elected pursuant to Article 1 of this chapter shall accrue only to the retired member, and no person designated to receive any payments after the death of a retired member under the provisions of any such optional benefit shall receive any increase in such payment under this section.
Ala. Code § 36-19-41 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-41
Section 36-19-41 Insurer to Cooperate with and Supply Factual Information to Law Enforcement Personnel Investigating Fire Loss; Type of Factual Information
Status: in_force

The State Fire Marshal or personnel from any other authorized law enforcement agency charged with the responsibility of investigating a fire loss, may request any insurer investigating a fire loss of real or personal property to release any factual information in its possession which is pertinent to this type of loss and has some relationship to the loss itself. Such insurer shall release the information and cooperate with any official authorized to request such information pursuant to this section. The information shall include, but is not limited to:

(1) Any insurance policy relevant to a fire loss under investigation and any application for such a policy;

(2) Policy premium payment records;

(3) History of previous claims made by the insured for fire loss; and

(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
Ala. Code § 36-16-10 — Alabama Code / Title 36 / Chapter 16 / Section 36-16-10
Section 36-16-10 Property Inventory Control Division - Authority of Chief; Neglect of Duty by Chief or Other Officer
Status: in_force

The Chief of the Property Inventory Control Division shall have the authority to carry out the provisions of Sections 36-16-8 through 36-16-11, and shall require that each department, office, bureau, board or agency of the state carry out fully the provisions of Sections 36-16-8 through 36-16-11 applicable to such department, office, bureau, board or agency. In the event the Chief of the Property Inventory Control Division neglects to perform the duties imposed upon him by Sections 36-16-8 through 36-16-11, the State Auditor shall report such neglect to the personnel board, which board shall administer such disciplinary action against the chief of the division, including the right to discharge him, as the board deems proper under the circumstances. In the event the head of any department or officer in charge of any office, bureau, board or agency of the state neglects to perform the duties imposed upon him by Sections 36-16-8 through 36-16-11, he shall be liable for the sum of $5.00 for each day such neglect continues and for the value of any and all personal property losses to the state as a result of such neglect.
Ala. Code § 36-11-10 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and Examination of Witnesses Generally; Appointment and Duties of Examiners; Conduct of Trial
Status: in_force

In all original proceedings commenced under this chapter in the Supreme Court, either party shall have compulsory process to compel the attendance of witnesses, to be issued by the clerk of the court and served by the marshal of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on the trial in open court. The examination of such witnesses shall be conducted and defaulting witnesses shall be subject to similar proceedings and penalties as in criminal cases in the circuit court; but, on the written consent of the defendant, the court or a justice thereof, in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly or severally, as may be directed in the order of appointment, to take and certify by such day as may be fixed in the order of appointment the evidence against and for the defendant on the several specifications contained in the information, and the charges shall be tried by the court on such evidence so taken and certified and such documentary evidence as may be offered. The court for the trial and impeachment may sit or continue its sessions at any time without reference to the terms as prescribed by law.
Ala. Code § 36-27-185 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-185
Section 36-27-185 Beneficiaries of Pensioners
Status: in_force

Commencing October 1, 2002, beneficiaries of Employees’ Retirement System pensioners shall receive an increase of three percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the date of death for the deceased pensioner, or the effective date of retirement for the deceased pensioner was prior to October 1, 2001, and the local units elect to fund the increase.
Ala. Code § 36-5-68 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-68
Section 36-5-68 Proceedings Upon Failure of Officer or Employee to Execute New Bond Within Prescribed Time
Status: in_force

If such requisition is personally served and the officer or employee named therein fails to give an additional bond within 15 days after the day specified in such requisition, he vacates his office, and the officer making such requisition must at once certify the same to the appointing power, who must fill the vacancy.
Ala. Code § 36-9-12 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-12
Section 36-9-12 Resignation of Members of Congress or State Legislature, Etc
Status: in_force

The resignation of senators and representatives in Congress and members of the Legislature must be transmitted to the Governor. In all other cases, except constables, resignations must be transmitted to the officer or tribunal which fills the vacancy.
Ala. Code § 36-20-1 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-1
Section 36-20-1 Appointment and Commissioning; Term of Office; Fee of Probate Judge for Issuance of Notary Commissions; Report to Secretary of State by Probate Judge as to Notaries Appointed and Commissioned
Status: reserved

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
Ala. Code § 36-21-194 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-194
Section 36-21-194 Semiannual Report of Executive Director; Annual Audit
Status: in_force

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

(b) The Chief Examiner of the Department of Examiners of Public Accounts shall make an annual audit of the activities of the board for each fiscal year and make a complete report of the same to the Legislature. The annual audit shall cover all moneys received by the board and all expenditures made by the board during the period covered by the audit.
Ala. Code § 36-27-86 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-86
Section 36-27-86 Provisions Supplemental to Other Laws Regulating Payment of Retirement Benefits
Status: reserved

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed to the extent of such conflict.
Ala. Code § 36-27-22 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-22
Section 36-27-22 Withholding of Amounts from Retirement Pay of Retired Employee to Pay Premium on State Group Hospitalization or Health Insurance Plan
Status: in_force

(a) Any state employee who, at the time of his retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his retirement pay a sufficient sum or amount to pay the premium on such policy.

(b) The Secretary-Treasurer of the state Employees’ Retirement System, when authorized by a retired employee, is hereby authorized to withhold from the retirement pay of such employee a sufficient amount to pay the premium on such policy and remit the same to the insurance carrier.
Ala. Code § 36-27-55.6 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-55.6
Section 36-27-55.6 Participation of Directors and Employees of Alabama State Council on the Arts
Status: in_force

Notwithstanding any provision of Section 41-9-43, or any other provisions of law to the contrary, the director and the employees of the Alabama State Council on the Arts shall begin participating as members of the Employees’ Retirement System on October 1, 2002, under the same rules and regulations in effect at the time for state employees participating as active members of the system. No later than September 30, 2002, all funds in any private retirement plan or program which is in effect for the director and employees of the council shall be transferred to the Employees’ Retirement System and the council shall cease participating in the private retirement plan or program on the date of the transfer. Upon commencing participation as a state agency in the Employees’ Retirement System, the director and the employees of the council shall receive credit in the Employees’ Retirement System for all prior service rendered to the council before October 1, 2002, provided the prior service credit is not being used for participation in any other public retirement system or plan other than the federal Social Security program. The Board of Control of the Employees’ Retirement System may promulgate and implement any administrative rules necessary to implement this section.
Ala. Code § 36-9-9 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-9
Section 36-9-9 Proceedings Upon Occurrence of Vacancy in Office of United States Senator - Ordering of Election for Selection of United States Senator - Notice of Election
Status: in_force

The Governor must give notice of an election of a senator for a full term in the same manner and at the same time that he gives notice of the election of members of the House of Representatives in Congress and must give notice of a special election to elect a senator for an unexpired term in the same manner and for the same time as is prescribed for special elections to fill a vacancy in the office of members of the House of Representatives in Congress.
Ala. Code § 36-27-72 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-72
Section 36-27-72 Disqualification of Credit
Status: in_force

Anything in this division to the contrary notwithstanding, a member of the Employees’ Retirement System shall not receive credit for such service where at the time of retirement he has credit or is entitled to any benefits whatsoever for the same service under any other retirement or pension plan which is wholly or partly funded from public funds; provided that nothing herein shall be construed to apply to participation in the federal Social Security program. In the event of disqualification of such service credit, contributions made under this division by the member shall be refunded to him.
Ala. Code § 36-5-18 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-18
Section 36-5-18 Legal Effect of Official Bonds
Status: in_force

(a) Every official bond is obligatory on the principal and sureties thereon for:

(1) Every breach of the condition during the time the officer continues in office or discharges any of the duties thereof;

(2) The faithful discharge of any duties which may be required of such officer by any law passed subsequently to the execution of such bond, although no such condition is expressed therein; and

(3) The use and benefit of every person who is injured, as well by any wrongful act committed under color of his office as by his failure to perform or the improper or neglectful performance of those duties imposed by law.

(b) The words, “for the use and benefit of every person injured,” as used in subsection (a) of this section, shall include all person having a direct and proximate interest in the official act or omission and all persons connected with such official act or omission, by estate or interest.
Ala. Code § 36-27E-3 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-3
Section 36-27E-3 Definitions
Status: in_force

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

(1) BENEFICIARY. Any individual who receives a pension, annuity, retirement allowance, or other benefit provided by Chapter 27.

(2) BOARD OF CONTROL. The Board of Control of the State Employees’ Retirement System established pursuant to Section 36-27-2.

(3) FISCAL YEAR. The fiscal year of the state as may from time to time be provided by law.

(4) PERIODIC BONUS CHECKS. Periodic bonus checks granted by the State Employee Retirees’ Trust Fund to retirees and beneficiaries of the State Employees’ Retirement System.

(5) PERMITTED INVESTMENTS. All assets and properties in which the Retirement Systems of Alabama may invest as permitted by law.

(6) RETIRED EMPLOYEE. A former employee who is a participant in the State Employees’ Retirement System pursuant to Chapter 27 and who satisfies the definitions of retirement and employee as provided in Section 36-27-1.

(7) TRUSTEE. A trustee serving on the Board of Control.

(8) TRUST FUND. The State Employee Retirees’ Trust Fund created by this chapter.
Ala. Code § 36-23-8 — Alabama Code / Title 36 / Chapter 23 / Section 36-23-8
Section 36-23-8 Service of Executions and Attachments When Office of Constable Vacant, Etc
Status: in_force

When the office of constable is vacant or the constable is interested in an action, or in case of emergency, the execution or attachment must be executed by any constable of the county in whose hands the process may be placed or may be executed by the sheriff as in other cases.
Ala. Code § 36-36-6 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-6
Section 36-36-6 Sources of Funding; Use of Assets; Distributions; Modification and Termination of Trusts; Taxation; Financial Statement
Status: reserved

(a) The sources of funding to the Alabama Retired State Employees’ Health Care Trust may be: (1) appropriations made by the Legislature; (2) contributions by employees and retired employees; (3) employer contributions; (4) investment income; (5) proceeds of any gifts, grants, or contributions; (6) transfers from the State Employees’ Insurance Fund; and (7) all other sources permitted by law.

(b) The sources of funding to the Alabama Retired Education Employees’ Health Care Trust may be: (1) appropriations made by the Legislature; (2) contributions by employees and retired employees; (3) employer contributions; (4) investment income; (5) proceeds of any gifts, grants, or contributions; (6) transfers from the Public Education Employees’ Health Insurance Fund; and (7) all other sources permitted by law.

(c) The agreements creating the trusts shall be irrevocable and the assets of the trusts shall not be expended or disbursed or loaned or transferred or used for any purpose other than to acquire permitted investments, pay administrative expenses, and provide post-employment health care benefits to or for retired employees and their dependents. The Legislature shall have no authority or power to appropriate the assets of the trusts.

(d) During each fiscal year, distributions from a trust to provide post-employment health care benefits to or for retired employees and their dependents shall not exceed 10 percent of the fair market value of the assets of such trust as of the last business day of the immediately preceding fiscal year. No distribution from a trust to provide post-employment health care benefits to or for retired employees and their dependents shall be made during the first fiscal year of the trust.

(e) Notwithstanding the above, as long as such amendment is consistent with the legislative intent of this chapter, the trustees of the trusts shall have the authority to amend or modify their respective trust: (1) if, in the opinion of counsel for the trustees of the respective trust, it is necessary or otherwise advisable to obtain any material tax advantage or avoid any material adverse tax result; (2) if, in the opinion of the independent accountant for the trustees of the respective trust, it is necessary or otherwise advisable to cause the trust to be considered another post-employment benefits trust in accordance with generally accepted governmental accounting principles, as prescribed by the Governmental Accounting Standards Board or its successor; or (3) if, in response to a petition of the respective trustees of the trust requesting that the trust be amended, a court of competent jurisdiction determines that such amendment is necessary or otherwise advisable to accomplish one or more purposes of this chapter.

(f) The trusts may be terminated by the boards only if all state plans or programs providing such post-employment health care benefits for which the trust is established are repealed or terminated and there is no future obligation of the state to provide such post-employment health care benefits. In such event, the then remaining assets of the trust shall revert, in the case of the Alabama Retired State Employees’ Health Care Trust, to the State Treasury to and for the credit of the State Employees’ Insurance Board and, in the case of the Alabama Retired Education Employees’ Health Care Trust, to the State Treasury to and for the credit of the Public Education Employees’ Health Insurance Board.

(g) All assets and income of the trusts shall be exempt from taxation by the state or any political subdivision thereof. Distributions from the trusts will not be taxable income to the retired employees or their dependents. The assets of the trusts will not be subject to the claims of creditors of the state, the boards, trustees, plan administrators, employees, retired employees, or dependents, and will not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws, or other process whatsoever, nor shall any assignment thereof be enforceable in any court.

(h) The trusts shall not be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the agreements creating the trusts, nor shall they be deemed to be invalid as violating any existing law against perpetuities or against suspension of the power of alienation of title to property or against trusts for the purpose of the accumulation of income; but each trust may continue for such a time as may be necessary to accomplish the purpose for which it was created.

(i) The trustees shall cause the annual financial statements of the trust to be prepared in accordance with generally accepted accounting principles and an audit by a qualified independent certified accounting firm to be conducted of those financial statements of the respective trust for each fiscal year in accordance with generally accepted auditing standards.
Ala. Code § 36-9-15 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-15
Section 36-9-15 Certification of Judgment Declaring Election or Appointment Void or Office Vacated to Appointing Power
Status: in_force

Whenever there is a judgment of a competent tribunal declaring any election or appointment void or any office vacated, such judgment shall, if the vacancy is filled by appointment, the day after the time for taking an appeal has expired be certified by the clerk of such court or by the judge, if there is no clerk, to the appointing power.
Ala. Code § 36-27-206 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-206
Section 36-27-206 Notification of Employers Who Have Withdrawn from Participation
Status: in_force

The Board of Control of the Employees’ Retirement System shall make all reasonable efforts to notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation by October 1, 2006, that the cost-of-living increase provided for in Section 36-27-200 is available to his or her retirees and beneficiaries provided the employer elects to fund the increase.
Ala. Code § 36-25-6 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-6
Section 36-25-6 Use of Contributions
Status: in_force

Contributions to an office holder, a candidate, or to a public official’s inaugural or transitional fund shall not be converted to personal use.
Ala. Code § 36-5-22 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-22
Section 36-5-22 Performance of Official Act by Public Officer Prior to Approval and Filing of Bond
Status: in_force

Any public officer required by law to give bond who performs any official act before his bond is approved and filed as required by law must, on conviction, be fined not less than $500.00.
Ala. Code § 36-27-148 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-148
Section 36-27-148 Election by Local Administrative Unit
Status: in_force

Any county board, department, or agency responsible for the local administration of a program for a state board, department, or agency affiliated with the Employees’ Retirement System on October 1, 1998, may provide the cost-of-living increase pursuant to this article to any retiree or beneficiary who retired prior to July 1, 1998, if the local administrative unit elects to fund the increase.
Ala. Code § 36-27-88 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-88
Section 36-27-88 Amount of Increase - Persons Whose Retirement Is Based on 51 or More Percent Service to Employer Participating Under Section 36-27-6
Status: in_force

There is hereby provided to each person whose employer elects to come under the provisions of this act and whose retirement is based on 51 or more percent service to an employer participating under Section 36-27-6, and whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, and to certain beneficiaries of deceased members and deceased retirees of such employers, provided the effective date of death or retirement for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1989, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:

(1) $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree for each retiree selecting the minimum retirement allowance or Option 1.

(2) $1.00 per month for each year of service attained by said retiree plus $3.00 per month for each year of retirement attained by said retiree reduced by the retiree’s option selection factor for each retiree selecting Option 2, 3 or 4.

(3) $1.00 per month for each year of service attained by said deceased member or deceased retiree plus $3.00 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement, reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
Ala. Code § 36-21-9 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-9
Section 36-21-9 Eligibility of Honorably Retired Law Enforcement Officers to Carry Handguns; Authorization Card; Revocation of Authorization; Penalty for Refusal to Comply with Revocation
Status: in_force

(a) Any honorably retired law enforcement officer whose retirement was not based on any pending disciplinary or legal action shall be eligible to obtain without charge a card authorizing the retired officer to legally carry a handgun about or on his person. Such card shall be issued permanently by the sheriff of the county in which the retired law enforcement officer resides upon application by any eligible retired law enforcement officer.

(b) In the event the retiree having such a card of authorization is suspected of or is charged with any crime or his character becomes so degenerated that he becomes known as one who is of bad character, then said retiree’s authorization for the carrying of a handgun shall be revoked by the sheriff of the county in which the retired officer resides. The sheriff shall notify the retiree in writing and by registered mail that his authorization is revoked. The sheriff shall state the reasons for the revocation and order the retiree to turn his authorization card in to that sheriff within 30 days. Should the retiree refuse to return the card within the said 30-day limit and continue to carry the handgun, he will be guilty of carrying a weapon without a license or carrying a concealed weapon, whichever might be the case.
Ala. Code § 36-26-104 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-104
Section 36-26-104 Termination of Employment - Hearing Officer; Hearing; Appeal
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-27-180 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-180
Section 36-27-180 Amount of Increase - Persons Other Than Those Whose Employers Participated in Employees’ Retirement System
Status: in_force

(a) Commencing October 1, 2002, each person, except those whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2001, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase of three percent in their gross monthly benefit, but not less than fifteen dollars ($15) per month.

(b) Beneficiaries of deceased members or deceased retirees, except where the deceased member or deceased retiree retired from an employer participating in the Employees’ Retirement System pursuant to Sections 36-27-6, 36-27-7, and 36-27-7.1, if the date of death for the deceased member, or the effective date of retirement for the deceased retiree for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 2001, shall receive the cost-of-living increase in the amount attained by the retiree. In no case shall the cost-of-living increase be less than fifteen dollars ($15) per month.
Ala. Code § 36-27-21.4 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.4
Section 36-27-21.4 Cost-of-Living Increase for Persons Whose Date of Retirement Is Prior to October 1, 1984; Funding; Eligibility Where Medicaid Eligibility Would Be Impaired
Status: reserved

(a)(1) There is hereby provided, commencing October 1, 1985, to each person, whose effective date of retirement for purposes of receiving benefits from the Teachers’ Retirement System, is prior to October 1, 1984, and who is receiving an allowance therefrom, a cost of living increase of $2.00 per month for each year of creditable service attained by said retired member.

(2) There is hereby provided, commencing October 1, 1985, to each person, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System, is prior to October 1, 1984, and who is receiving benefits therefrom, a cost of living increase of $2.00 per month for each year of creditable service attained by said retired member provided that only those retired members of the Employees’ Retirement System whose participation in the system was based on Section 36-27-6 and whose employer at the time of his retirement was a local board of education or a state-supported institution of higher education shall be eligible to receive the increase provided herein.

(b)(1)a. There is hereby appropriated from the Education Trust Fund to the Teachers’ Retirement System of Alabama $13,034,234.00, for the fiscal year beginning October 1, 1985, or such amounts as are necessary to carry out the provisions of this section as it relates to the Teachers’ Retirement System.

b. For each fiscal year thereafter, the Board of Control shall determine the cost of benefits under this subdivision as the percentage rate of earnable compensation of members required to be paid to the Teachers’ Retirement System. The employers’ payments on account of the increases provided in this section shall be paid in the same manner and from the same source of funds as is provided in Section 16-25-21, it being the intent of the Legislature that the cost of providing the increases provided for in this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(2)a. There is hereby appropriated from the Education Trust Fund to the Employees’ Retirement System $230,182.00, for the fiscal year beginning October 1, 1985, or such amounts as are necessary to carry out the provisions of this section as they relate to retired employees of local boards of education and state institutions of higher education who are retired under the Employees’ Retirement System.

b. For each fiscal year thereafter the Board of Control shall determine the amount necessary to fund the cost of benefits provided in this subdivision and the cost thereof shall be collected as provided in paragraph b. of subdivision (1) of subsection (b) above and transferred from the Teachers’ Retirement System to the Employees’ Retirement System.

(3) The benefits provided herein shall continue from year to year only so long as the Legislature shall continue to fund the cost of said increases.

(c) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost of living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such persons eligibility to receive benefits is impaired by the cost of living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.

(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Teachers’ Retirement System of Alabama and certain members of the Employees’ Retirement System of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent therewith are hereby repealed.
Ala. Code § 36-27-143 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-143
Section 36-27-143 Duties and Responsibilities of Board and Employer
Status: in_force

The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-140 and 36-27-142, and shall notify the chief fiscal officer of each employer of the percentum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-140 and 36-27-142 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-140 and 36-27-142 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
Ala. Code § 36-26-11.1 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-11.1
Section 36-26-11.1 Assessment and Adjustment of Requirements for Classification of Positions in State Service
Status: in_force

The State Director of Personnel shall:

(1) Regularly assess the educational, experiential, and training requirements necessary for each classification of positions in the state service.

(2) Identify classifications of positions in the state service for which the educational, experiential, or training requirements could be reduced from their present level.

(3) Reduce, to the extent practicable, the number of classifications of positions in the state service for which a four-year college degree is required for employment.
Ala. Code § 36-21-125 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-125
Section 36-21-125 Definitions
Status: in_force

For the purposes of this article, the following terms have the following meanings: (1) POLICE OFFICER. A law enforcement officer appointed by the tribe pursuant to subsection (b) who meets all of the requirements of the Alabama Peace Officers’ Standards and Training Commission for certified law enforcement officers. (2) RESERVATION. The area within the boundaries of the Ma-Chis Lower Creek Indian Tribe Reservation, including all structures, fixtures, and personal property owned by the tribe, and any property owned or held in trust for the tribe by the United States. (3) TRIBE. The tribe of Indians organized as a nonprofit corporation known as the MaChis Lower Alabama Creek Indian Tribe and recognized by the State of Alabama as the Ma-Chis Lower Creek Indian Tribe.

(1) POLICE OFFICER. A law enforcement officer appointed by the tribe pursuant to subsection (b) who meets all of the requirements of the Alabama Peace Officers’ Standards and Training Commission for certified law enforcement officers.

(2) RESERVATION. The area within the boundaries of the Ma-Chis Lower Creek Indian Tribe Reservation, including all structures, fixtures, and personal property owned by the tribe, and any property owned or held in trust for the tribe by the United States.

(3) TRIBE. The tribe of Indians organized as a nonprofit corporation known as the MaChis Lower Alabama Creek Indian Tribe and recognized by the State of Alabama as the Ma-Chis Lower Creek Indian Tribe.
Ala. Code § 36-26-112 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-112
Section 36-26-112 Other Disciplinary Action - Authorized; Notice; Conditions
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-21-100 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-100
Section 36-21-100 Short Title
Status: in_force

This article shall be known and cited as the “Police Officer’s and Firefighter’s Survivors Educational Assistance Act.”
Ala. Code § 36-15-21.1 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-21.1
Section 36-15-21.1 Notification of Actions Against State Entities; Maintenance of Information
Status: in_force

(a) Any laws to the contrary notwithstanding, whenever any litigation is instituted against any state department, division, board, bureau, commission, agency, institution, or officer or employee in their official or individual capacity relating to their official duties, such entity shall promptly notify the office of the Attorney General of the action. This notification shall include a description of the controversy, the relief sought, and other information the Attorney General deems necessary.

(b) This information shall be maintained in a central location within the office of the Attorney General.
Ala. Code § 36-17-11 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-11
Section 36-17-11 When Treasurer Not Liable for Loss in Providing for Payment of Interest
Status: in_force

The Treasurer shall not be liable for any loss or damage sustained by the state in carrying out the provisions of Section 36-17-8, which does not result from any fault or negligence on his part.
Ala. Code § 36-27-6.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-6.1
Section 36-27-6.1 Participation of Employees of Counties, Towns, Public or Quasi-Public Organizations, Etc. - Purchase of Service Credit
Status: in_force

Any public official authorized by local constitutional amendment to participate in the Employees’ Retirement System of Alabama and to purchase service credit in the retirement system for the time the official has served in the office he or she is holding at the time of ratification of the amendment may purchase the service credit provided such official has not previously received credit for the requested service in any other public pension fund by paying to the Secretary-Treasurer of the Employees’ Retirement System a sum equal to the total contributions which he or she would have made had he or she been authorized to participate during his or her tenure in office plus eight percent interest on such total contributions compounded annually from the date of the service. This section shall apply to local constitutional amendments ratified prior to and after July 1, 2004.
Ala. Code § 36-27-153 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-153
Section 36-27-153 Duties of Board and Employer
Status: in_force

The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-150 and 36-27-152, and shall notify the chief fiscal officer of each employer of the per centum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-150 and 36-27-152 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-150 and 36-27-152 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
Ala. Code § 36-23-6 — Alabama Code / Title 36 / Chapter 23 / Section 36-23-6
Section 36-23-6 Duties
Status: in_force

It shall be the duty of every constable:

(1) To attend the circuit court of the county when summoned by the sheriff for that purpose;

(2) To execute and return all summons, executions and other process directed to him by any lawful authority;

(3) To pay over moneys collected by virtue of his office to the person entitled thereto; and

(4) To perform such other duties as are or may be required of him by law.
Ala. Code § 36-25A-1 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-1
Section 36-25A-1 Purpose; Open Meetings Requirement; Short Title
Status: in_force

(a) It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings as defined in Section 36-25A-2(6). Except for executive sessions permitted in Section 36-25A-7(a) or as otherwise expressly provided by other federal or state laws or statutes, all meetings of a governmental body shall be open to the public and no meetings of a governmental body may be held without providing notice pursuant to the requirements of Section 36-25A-3. No executive sessions are required by this chapter to be held under any circumstances. Serial meetings or electronic communications shall not be utilized to circumvent any of the provisions of this chapter.

(b) This chapter shall be known and may be cited as the “Alabama Open Meetings Act.”
Ala. Code § 36-18-23 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-23
Section 36-18-23 Compatibility with Procedures Specified by Federal Bureau of Investigation
Status: in_force

The director shall ensure that forensic DNA testing conducted pursuant to the provisions of this article shall be conducted in a manner that is compatible with procedures specified by the FBI.
Ala. Code § 36-35-7 — Alabama Code / Title 36 / Chapter 35 / Section 36-35-7
Section 36-35-7 Combined Negotiations
Status: in_force

If the board through its executive director finds that it is beneficial to another state program to combine drug pricing negotiations to maximize drug rebates, the board through its executive director shall do so.
Ala. Code § 36-27-57.3 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-57.3
Section 36-27-57.3 Reopening of Employees’ Retirement System to Allow Purchase of Credit for Prior Service in Office of Local District Attorney
Status: in_force

(a) An active and contributing member of the Employees’ Retirement System may claim and purchase credit not to exceed two years in the retirement system for prior service rendered in the office of a local district attorney which was a nonparticipant in the Employees’ Retirement System during the period of the prior service. The prior service credit may be purchased if the member has not received credit for the prior service claimed in any public pension system or as a supernumerary and the member complies with the provisions set forth in subsection (b).

(b) Each person eligible to claim and purchase credit for any prior service under subsection (a) shall be awarded creditable service under the Employees’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1996, a lump sum equal to a percentage of his or her current annual earnable compensation, or average compensation, whichever is greater, for each year of service credit purchased; the applicable percentage of his or her current annual earnable compensation or average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
Ala. Code § 36-11-24 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-24
Section 36-11-24 Proceedings Under Chapter Not to Be Barred by Statutes of Limitations; Effect of Judgment Under Chapter Generally; Indictment, Etc., of Accused
Status: in_force

No statute of limitation shall be valid as a bar to any of the proceedings provided for by this chapter. The penalties in cases arising under the provisions of this chapter shall not extend beyond the removal from office and the disqualification from holding office under the authority of this state for the term for which the accused was elected or appointed, but the accused shall be liable to indictment, trial and punishment as prescribed by law.
Ala. Code § 36-22-42 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-42
Section 36-22-42 Deductions from Salary; Refunds; Payments Upon Death; Effect of Other Retirement Systems
Status: in_force

The governing body of each county shall begin deducting on October 10, 1975, and each month thereafter from the salaries of such sheriffs an amount equal to four percent of the monthly salary paid such official up to $25,000.00. Such sum shall be deducted monthly and paid into the general fund of the county.

If any sheriff subject to the provisions of this article shall end his tenure of office prior to becoming eligible as provided herein, an amount equal to one half of the amount paid by him into the county general fund under the provisions of this section shall be repaid to him.

In the event such person shall die in office prior to becoming eligible, such sum shall be paid to his estate.

This section shall not apply in any county in which the sheriff is eligible to become entitled to any other state or county retirement act which he may elect to come under.
Ala. Code § 36-27-98.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-98.2
Section 36-27-98.2 Construction of Provisions
Status: reserved

The provisions of this article are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to the retired members of the Employees’ Retirement System. However, those laws or parts of laws which are in direct conflict or inconsistent with this article are repealed to the extent of the conflict.
Ala. Code § 36-26-14 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-14
Section 36-26-14 Deferred Compensation Plans for Certain Employees
Status: in_force

(a) The personnel board may adopt, establish, and maintain a deferred compensation plan or plans, except under Internal Revenue Code Section 403 (b), for the employees of the State of Alabama or any city, town, county, or public entity or corporation organized pursuant to the laws of this state. Notwithstanding the foregoing, prior to the employees of a county or political subdivision of the county participating in a plan, the employing county or political subdivision of the county shall approve participation in the plan. The personnel board may include in any such plan any provision that does not cause the plan to fail to qualify for its tax-favored treatment under the United States Internal Revenue Code, including, but not limited to, participant loans, unforeseeable emergency or hardship distributions, Roth deferrals, rollovers, transfers to purchase service credit, and distributions to purchase a retired public safety officer’s health insurance.

(b) The State of Alabama Personnel Board may adopt and arrange for consolidated billing and efficient investment, trustee, administrative, and professional services in order that any such plans adopted shall operate without cost to or contribution from the State of Alabama except for incidental expenses associated with administering any such plan, the payroll salary-reductions and the remittance thereof to the trustee or custodian of the plan or plans.

(c) Alabama state employees, or the employees of any city, town, county, or public entity or corporation organized pursuant to the laws of this state may participate in these plans on a voluntary basis by authorizing in writing to their employer a reduction in their cash remuneration to be placed in the plan or plans.

(d) The Finance Director, Comptroller, or other appropriate official is hereby authorized and directed to initiate payroll deductions for the plans as directed by each employee.

(e) Participants who are receiving monthly benefits from the Employees’ Retirement System of Alabama, the Judicial Retirement Fund of Alabama, the Teachers’ Retirement System of Alabama, or any other public retirement plan may opt to have the cost of their retiree health insurance deducted from their deferred compensation distribution in accordance with the guidelines of the United States Internal Revenue Service.

(f) It is expressly provided that any benefits under the provisions of this section shall be in addition to any other benefits provided by law for any employees of the State of Alabama, and this section is specifically made supplemental to and shall be construed in pari materia with the provisions of the employees’ retirement law of Alabama.

(g) Except as otherwise required under the Internal Revenue Code, each such deferred compensation plan and its trust shall be established and maintained for the exclusive benefit, as defined by law of the plan’s participants and their beneficiaries, and all assets of any such plan shall be held for the exclusive benefit of the plan’s participants and their beneficiaries. For the purposes and within the meaning of Section 19-3B-102, each such plan is declared to be a trust created by statute and is therefore required to be administered in the manner of an express trust.
Ala. Code § 36-26-102.1 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-102.1
Section 36-26-102.1 Termination of Employment - Criminal Conviction
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-5-6 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-6
Section 36-5-6 Approval of Bonds Generally
Status: in_force

The approval of all official bonds shall be in writing, endorsed on the bonds, and shall show the day and year on which the same were approved and be signed by the approving officer.
Ala. Code § 36-22-43 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-43
Section 36-22-43 Payments
Status: in_force

Those persons eligible under either Section 36-22-40 or 36-22-41 shall receive payments equal to $750.00 per month, but in no event shall any person receive payments pursuant to both the retirement and disability provisions simultaneously. Said payments shall be paid from the general fund of the county in which said eligible persons reside upon their retirement or disability. However, this article is permissive in nature and the governing body of said county may decline to make such payments. In such event the full amount of any contributions made shall be paid back to the eligible sheriff.
Ala. Code § 36-29-27 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-27
Section 36-29-27 Fund for Administration of Plan
Status: in_force

The board is authorized to establish such funds in the State Treasury as are necessary to administer said plan and may deposit as necessary in such fund or funds employee payments, amounts deducted pursuant to salary reduction agreements, and administrative fees and appropriations, if any. The board shall designate a custodian of said fund or funds who shall be authorized to make deposits into and payments therefrom in accordance with rules and regulations adopted by said board.
Ala. Code § 36-27-7 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-7
Section 36-27-7 Participation of Employees of Counties, Cities, Towns, Public or Quasi-Public Organizations, Etc. - Employees of Cooperative Extension Service of Auburn University Under Federal Appointment
Status: in_force

(a) Any law to the contrary notwithstanding, the governing board of Auburn University may, by resolution legally adopted, elect to have its employees, from whatever sources and in whatever manner paid, become eligible to participate in the Employees’ Retirement System of the State of Alabama under the provisions of Section 36-27-6; provided, that all contributions and benefits shall be computed based on a percentage, not to exceed 50 percent, of each employee’s total salary; and provided further, that such percentage shall be expressly stipulated in the aforesaid resolution and that the resolution must expressly state that such percentage shall be applied uniformly to all employees covered thereunder. The funding responsibility of the employer, and the resolution referred to above as it relates to the percentage stipulated shall not be subject to alteration, amendment, transfer or other change unless such authority is specifically and clearly granted by an enactment of the Legislature of Alabama which specifically and expressly names the employees of the Cooperative Extension Service at Auburn University under federal appointment. The term “employee or employees” as herein used is defined as those persons performing their duties for the Cooperative Extension Service at Auburn University who are under federal appointment to said Cooperative Extension Service. Members of the Employees’ Retirement System who participate in said system under the provisions of this section shall participate and receive benefits under the same conditions as other members of said system; provided, that the basis for all computations shall not exceed 50 percent of each employee’s total salary notwithstanding such member’s coverage under federal civil service retirement.

(b) Anything in this section to the contrary notwithstanding, any employee hereunder, who subsequent to his participation in the Employees’ Retirement System under the provisions of this section assumes regular employment with the state or with any employer unit participating in the Employees’ Retirement System, or the Teachers’ Retirement System, shall be entitled to count as creditable service only so much of each such year’s service as is in the same proportion with the percentage of his salary contributed upon for such year.

(c) The provisions of this section are supplemental and shall not be construed to repeal any laws not in direct conflict therewith.
Ala. Code § 36-19-2.1 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-2.1
Section 36-19-2.1 Manufacture of Destructive Device or Bacteriological or Biological Weapon
Status: in_force

(a) No person may lawfully manufacture a destructive device or bacteriological or biological weapon without first obtaining a permit from the office of the State Fire Marshal. The office of the State Fire Marshal shall adopt rules as necessary to implement this section including, but not limited to, rules for all of the following:

(1) The form for making application for a permit.

(2) The qualifications necessary for obtaining a permit.

(3) Fees for making application, issuance, renewal, reinstatement of a lapsed permit, and other fees deemed necessary by the Fire Marshal relating to a permit.

(b) The office shall have 30 days to investigate and review an application, and either issue or deny a permit. A denial shall state the reasons why the permit was not issued and what corrective action, if any, may be taken.

(c) A permit shall expire one year following the date of its issuance or renewal and shall become invalid, unless renewed by payment of the applicable fee.
Ala. Code § 36-12-24 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-24
Section 36-12-24 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Issuance of Warrant for Search and Seizure of Papers, Property, Etc., Upon Failure of Person Charged with Withholding Same to Make Affidavit, Etc
Status: in_force

In the case stated in Section 36-12-23, if required by the plaintiff, such officer shall also issue his warrant, directed to any lawful officer, commanding him in the daytime to search such places as may be designated in such warrant for such books, papers and property as belonged and appertained to the office vacated and to seize and bring them before the officer issuing such warrant.
Ala. Code § 36-28-2 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-2
Section 36-28-2 Declaration of Policy
Status: in_force

In order to extend to employees of the state, its political subdivisions and of the instrumentalities of either and to the dependents and survivors of such employees the basic protection accorded to others by the Old-Age and Survivors’ Insurance System embodied in the Social Security Act, it is hereby declared to be the policy of the Legislature, subject to the limitations of this chapter, that such steps be taken as to provide such protection to employees of the state and local governments on as broad a basis as is permitted under applicable federal law.
Ala. Code § 36-21-223 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-223
Section 36-21-223
Status: in_force

The scholarship application by an eligible dependent shall be submitted to the commission and include, but not be limited to, the following:

(1) Documentation from the participating institution that the applicant has been accepted for admission and is enrolled as a student.

(2) A copy of a completed Free Application for Federal Student Aid (FAFSA) submitted to the United States Department of Education, or documentation from the participating institution that the applicant has completed a FAFSA.

(3) Documentation, as determined by rules adopted by the commission, that a spouse or parent is a qualifying law enforcement officer.

(4) In the case of a dependent who is a current or surviving spouse, a certified copy of the marriage certificate to a qualifying law enforcement officer.

(5) In the case of a dependent who is a natural or adopted child, a certified copy of the birth certificate or the decree of adoption showing the parental relationship to a qualifying law enforcement officer.

(6) A signed Family Educational Rights and Privacy Act (FERPA) release form.
Ala. Code § 36-20-4 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-4
Section 36-20-4 Seal
Status: reserved

Repealed by Act 2011-295, p. 544, §2, effective January 1, 2012.
Ala. Code § 36-13-7 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-7
Section 36-13-7 Authority to Remove Employees; Exceptions
Status: in_force

The Governor is authorized and empowered to remove from office and discharge from employment, with or without cause, any person who holds office or employment in any of the state executive departments and agencies by virtue of appointment by the incumbent Governor or any preceding Governor, except those employees subject to the Merit System provisions.
Ala. Code § 36-6-120 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-120
Section 36-6-120 Persons Eligible
Status: in_force

Beginning with the first pay day on or after October 1, 2018, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, offices, and employees, and all legislative personnel, officers, and employees, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of three percent.
Ala. Code § 36-27-3.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-3.1
Section 36-27-3.1 Offset of Rate Increases
Status: in_force

If the positive investment performance of any retirement system administered by the Retirement Systems of Alabama results in a decrease in the total contribution rate paid by employers and employees participating in such a system, the Retirement Systems of Alabama shall first reduce the employee contribution rate, in an effort to at least partially offset the rate increases provided for in Act 2011-676.
Ala. Code § 36-18-35 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-35
Section 36-18-35 Unlawful Influence; Conflict of Interest; Penalties
Status: in_force

(a) Any person who confers, offers, or agrees to confer anything of value upon any director, agent, or employee of the Alabama Department of Forensic Sciences with the intent that such director’s, agent’s, or employee’s vote, opinion, judgment, or exercise of discretion or other official action will thereby be influenced, shall be guilty of a Class B felony.

(b) Any director, agent, or employee of the Alabama Department of Forensic Sciences who shall solicit, accept, or agree to accept anything of value upon any agreement or understanding that such director’s, agent’s, or employee’s vote, opinion, judgment, or exercise of discretion or other action as such director, agent, or employee will thereby be influenced, shall be guilty of a Class B felony.

(c) A director, agent, or employee of the Alabama Department of Forensic Sciences commits the crime of failing to disclose a conflict of interest if the director, agent, or employee exercises any discretionary function in connection with any contract, purchase, payment, or other pecuniary transaction pertaining to the Alabama Department of Forensic Sciences without advance public disclosure of a known potential conflicting interest in the transaction.

(1) A “potential conflicting interest” exists, but is not limited to:

A. When a director, agent, or employee of the Alabama Department of Forensic Sciences is a director, president, general manager, or similar executive officer, agent or employee of any non-governmental entity participating in such transaction.

B. When a director, agent, or employee of the Alabama Department of Forensic Sciences owns directly or indirectly a substantial portion of any non-governmental entity participating in that transaction.

C. When a director, agent or employee of the Alabama Department of Forensic Sciences endeavors to obtain directly or indirectly any pecuniary or other financial interest in, or as a result of, the pecuniary transaction.

(2) Public disclosure shall mean a public announcement and written notification to the Attorney General of the State of Alabama.

(3) Failing to disclose a conflict of interest shall be a Class C felony.
Ala. Code § 36-11-23 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-23
Section 36-11-23 Certification of Vacancy in Office Upon Final Judgment of Conviction
Status: in_force

It shall be the duty of the Clerk of the Supreme Court in all cases when final judgment of conviction is entered in that court, on appeal or otherwise, forthwith to certify the vacancy thus created to the appointing power with a copy of the judgment. In like manner, the clerk of the circuit court or person designated to act as clerk shall certify to the appointing power any final judgment of conviction entered in such court from which no appeal is taken.
Ala. Code § 36-6-61 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-61
Section 36-6-61 Persons Eligible - 2001
Status: in_force

Beginning with the first pay day on or after October 1, 2001, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-62, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a two percent salary increase.
Ala. Code § 36-13-34 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-34
Section 36-13-34 Disclosure of Expenses; Audit
Status: in_force

(a) The Governor shall disclose all expenses from the Governor’s Contingency Fund to the citizens of Alabama. The Governor shall maintain a record of the expenditures from the Governor’s Contingency Fund for public inspection and shall post the records of the expenditures on the Internet at the official website of the Governor.

(b) The disclosures and posting under subsection (a) shall be made quarterly, on the first working day of the second quarter following the quarter that is the subject of the report.

(c) The Department of Examiners of Public Accounts shall annually audit the quarterly disclosure required in subsection (b).
Ala. Code § 36-26-22 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-22
Section 36-26-22 Establishment, Etc., of Standards of Performance and Output and Service Ratings for Employees; Reporting and Inspection of Service Ratings of Employees
Status: in_force

(a) In cooperation with appointing authorities, the director shall establish and may from time to time amend standards of performance and output for employees in each class of positions in the classified service or for groups of classes and a system of service ratings based upon such standards. In such manner and with such weight as shall be provided in the rules, service ratings shall be considered in determining salary increases and decreases within the limits established by law and by the pay plan, as a factor in promotion tests, as a factor in determining the order of lay-off when forces must be reduced because of lack of funds or work and the order in which names are to be placed on reemployment lists and as a means of discovering employees who should be promoted, demoted, transferred or dismissed.

(b) In such manner and at such time as the rules may require, each appointing authority shall report to the director the service ratings of employees in his division or such information as the director may request as a basis for determining such service ratings. Any employee shall be given reasonable opportunity to inspect the records of the department which show his service ratings and the service ratings of other employees in the same class and division.
Ala. Code § 36-27-21.6 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.6
Section 36-27-21.6 Cost-of-Living Increases for Retirees of Public Hospitals or Related Facilities Formerly Existing in County and Not Participating in Retirement System
Status: in_force

(a) The county commission of any county, by resolution duly adopted to conform to rules of the Board of Control of the Employees’ Retirement System of Alabama, may elect to provide any heretofore or hereafter authorized cost-of-living increases in the retirement benefits paid by the Employees’ Retirement System of Alabama to retirees of any public hospital or related facility which heretofore existed in the county, but which is now defunct, dissolved, transferred, reincorporated, consolidated with another public or quasi-public organization, or for any other reason is not participating in the Employees’ Retirement System. For purposes of this section, the county shall be deemed to have been the employer of such retirees of the public hospital or related facility and shall provide the funds necessary to pay the increase in retirement allowances described in this section.

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

(c) The Board of Control of the Employees’ Retirement System of Alabama shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent with this section.
Ala. Code § 36-1-9 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-9
Section 36-1-9 Trained Employees Who Volunteer for American Red Cross Operations Allowed Paid Leave
Status: in_force

(a) This section shall be known and may be cited as the “Disaster Services Volunteer Leave Act of 1995.”

(b) As used in this section, the following words have the following meanings:

(1) DISASTER. Any disaster designated at level IV and above in the American National Red Cross Regulations and Procedures.

(2) STATE AGENCY. Any department, office, commission, board, institution, or other entity of the state, including but not limited to, the offices of the Clerk of the Supreme Court and clerks of the appellate courts, the several courts of the state, and the Legislature, its committees or commissions.

(c) An employee of a state agency who is a certified Disaster Services Volunteer of the American Red Cross may be granted leave from work with pay not to exceed 15 work days in any 12-month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the services of that employee and upon the recommendation of the employee’s agency head and with the approval of the Governor, without loss of seniority, pay, vacation time, sick time, or earned overtime accumulation. The employee’s agency shall compensate an employee granted leave under this section at his or her regular rate of pay for those regular work hours during which the employee is absent from work while participating in disaster relief services pursuant to this section. The employee’s agency head shall assure that no loss of agency productivity shall result from such recommended and approved leave.
Ala. Code § 36-7-41 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-41
Section 36-7-41 Promulgation, Etc., of Rules and Regulations as to Eligibility for Reimbursement of Expenses and Amount Thereof; Procedure for Reimbursement; Source of Funds
Status: in_force

The chief executive officer of the state department or agency is authorized to promulgate rules and regulations necessary to determine the eligibility of the employee for reimbursement of actual moving expenses and the amount to be paid, not to exceed the amount permitted under Section 36-7-40. Such rules and regulations may be amended, supplemented or changed at the discretion of the chief executive officer of the state department or agency in keeping with the needs of his department.

Such reimbursement may be made upon approval by the head of the state department or agency after the employee has been notified that his state department or agency is requiring his move and after the head of his state department or agency has determined that such employee is eligible for reimbursement under the established rules and regulations of his particular department and after submission of such evidence by the employee to the head of his state department or agency of cost as may be required by the rules and regulations established.

Such moving cost paid to the employee under this article shall be paid out of the same fund of each such department or agency as payment for salaries and cost of administering the department or agency are paid.
Ala. Code § 36-21-196 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-196
Section 36-21-196 Assignment, Garnishment Attachment, Etc., of Benefits; Payment of Annuities and Benefits
Status: in_force

None of the moneys referred to in this article or any benefit or annuity payable under this article shall be assignable nor subject to attachment, garnishment, or judgment entered against any member or beneficiary. All payments of annuities and benefits shall be paid directly to the member or beneficiary.
Ala. Code § 36-26-4 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-4
Section 36-26-4 State Personnel Department Created; Composition; Executive Head; Offices
Status: in_force

There shall be a State Personnel Department with a State Personnel Board and a State Director of Personnel as provided in this article. The director shall be the executive head of the department. Offices shall be provided in the City of Montgomery which shall be the headquarters of the department.
Ala. Code § 36-1-6 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-6
Section 36-1-6 Insurance of State Employees Operating Motor Vehicles in Performance of Their Duties
Status: in_force

(a) Any director or head of a state department, agency, bureau, or division shall allow any state employee under his or her supervision, who operates a motor vehicle in the performance of his or her duties, whether such employee is in travel status or otherwise, and whether the vehicle is state owned or leased or otherwise, to acquire insurance, in the manner provided in subsection (b) of this section, insuring such employee against personal liability arising out of and a proximate consequence of the operation of a motor vehicle by such employee in the performance of his or her duties. Such coverage shall be issued by an insurance company licensed and qualified to do business in this state.

(b) The insurance provided under the provisions of this section shall be acquired by the employee by virtue of an additional condition or rider to a policy of insurance under which the state employee is otherwise insured, provided however, the deductible on said insurance shall not exceed two hundred fifty dollars ($250).

(c) The department, agency, bureau, or division shall reimburse the employee for the actual cost of the required coverage in the form of a rider to the employee’s personal policy. The director or head of the state department, agency, bureau, or division shall have sufficient proof that the employee’s coverage meets the provisions of this section, if current and has been paid before he or she approves any reimbursement to the employee. Such reimbursement shall not exceed the cost of one hundred thousand dollars ($100,000) combined single limit liability insurance nor shall the coverage authorized herein exceed that which is provided to the employee in the personal liability policy of the employee. Such reimbursement, properly documented, may be made by warrant issued by the Comptroller, and such reimbursement may be claimed as a travel expense item, charged against the department or agency, when approved by the director or head thereof. Such required insurance may be purchased without regard to the competitive bid laws of this state.

(d) The term “state employee” as used in this section shall not include any teacher or any employee of any institution of higher learning.

(e) In addition to, and in the same manner as reimbursement for insurance coverage, a state employee shall be reimbursed for insurance deductible and out-of-pocket expenses that result from damages sustained in an accident that occurs in a personal vehicle while that personal vehicle is being used for official state business. The reimbursement shall be made to the state employee within 90 days after the state receives proper documentation demonstrating payment by the employee for damages sustained or associated with the accident.
Ala. Code § 36-22-14 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-14
Section 36-22-14 Conveyance of Money Subject to Further Order or Judgment of Court to Successor by Sheriff Upon Expiration of Official Term
Status: in_force

The sheriff having in his hands at the expiration of his official term any money held by him subject to the further order or judgment of any court shall, on the demand of his successor in office, pay the same to him and on such payment shall be discharged from further liability therefor.
Ala. Code § 36-26-83 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-83
Section 36-26-83 Exceptions to Applicability of Article
Status: in_force

The provisions of this article shall not apply to any county health department whose employees are covered by a countywide personnel or Merit System.
Ala. Code § 36-19-29 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-29
Section 36-19-29 Disposition of Penalties or Forfeitures
Status: in_force

All penalties or forfeitures collected under this article, unless otherwise provided, shall be placed in the General Fund of the State.
Ala. Code § 36-17-19 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-19
Section 36-17-19 Bonds, Etc., to Be Deposited with Treasurer and Payments Made to Treasurer
Status: in_force

All bonds and other securities for money belonging to the state or under the control thereof are to be deposited with the Treasurer, and all payments on the same must be made to the Treasurer, being first certified to him by the Comptroller.
Ala. Code § 36-15-10.1 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-10.1
Section 36-15-10.1 Special Administrative Assistants
Status: in_force

(a) The position of special administrative assistant to the Attorney General is created and established.

(b) The Attorney General may appoint or employ in the manner the Attorney General deems necessary seven special administrative assistants who shall perform the duties and exercise the powers as the Attorney General may direct. The special administrative assistants shall serve at the pleasure of the Attorney General. The compensation, salaries, expenses, or benefits for the special administrative assistants shall be paid from funds available to the Attorney General and in the amounts and manner as provided for deputy attorneys general under this article.

(c) Any person serving in the classified service of the State of Alabama may be considered by the Attorney General for appointment to the position of special administrative assistant to the Attorney General. In the event anyone serving in the classified service of the State of Alabama shall accept appointment as a special administrative assistant to the Attorney General and shall later be removed or resign from the position of special administrative assistant to the Attorney General, the person shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the person and to which he or she would have been entitled had he or she remained within the classified service.
Ala. Code § 36-26-101 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-101
Section 36-26-101 Probationary Period; Notice of Termination
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-1-10 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-10
Section 36-1-10 Issuance of Passports; Disposition of Fees
Status: in_force

A state official authorized by federal law or regulation may issue and execute passports in accordance with federal law. A fee prescribed by federal law or regulation shall be paid for each passport issued and the proceeds shall be collected and retained by the state official before whom an application is executed.
Ala. Code § 36-12-41 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-41
Section 36-12-41 Copies of Public Records to Be Provided Upon Request and Payment of Fees
Status: in_force

Every public officer having custody of a public record that a resident has a right to inspect shall provide him or her, on proper request as provided in this article, with a copy of the public record, on payment of a reasonable fee, as further provided in this article.
Ala. Code § 36-27-191 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-191
Section 36-27-191 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
Status: in_force

(a) Commencing October 1, 2005, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 2004, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-190, if the employer elects to come under this article. Any employer making the election to come under the article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under this article at any time and have the article become effective on October 1, 2005, or on October 1 of any subsequent fiscal year, and the employer shall not be required to pay his or her cost-of-living increase retroactively unless the employer elects to fund the increase.

(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-190, but the increase shall not be less than fifteen dollars ($15) per month.
Ala. Code § 36-27-15 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-15
Section 36-27-15 Granting of Credit for Service as Elected Official of State or Department Head; Maximum Credit; Payment of Employee’s Contribution; Applicability of Provisions of Section
Status: in_force

(a) Any person who, as of September 5, 1973, is covered or is eligible to be covered under the Employees’ Retirement System of Alabama and who, prior to such coverage or eligibility for coverage, served as an elective official of the state government or a department head authorized to exercise sovereign power of the state shall have credited to him one year of creditable service for each year served as such elected official or department head, not to exceed eight years; provided, that such person shall pay into the retirement system the employee’s part of the cost or contribution based on the salary paid to such person during the time of his service as an elected official or department head, with such cost or contribution to be calculated at the percent or rate in effect on September 5, 1973.

(b) This section shall apply only to those persons who, at the time of their retirement, have sufficient creditable years of service under the Employees’ Retirement System to equal 10 years inclusive of the years earned as an elected official or department head.

(c) The employee’s contribution for the years of service as an elected official or department head shall be paid by such employee within 60 days after he shall have completed the necessary years of employment as set out in subsection (b) of this section; except, that should said employee have completed the necessary years of service as set out in subsection (b) of this section, he then shall pay said contribution within 60 days after September 5, 1973.
Ala. Code § 36-6-50 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-50
Section 36-6-50 Persons Eligible for Salary Increase; Restrictions and Conditions; Authority to Transfer Funds to Pay for Salary Increase
Status: in_force

Beginning with the first pay day on or after October 1, 1998, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-51, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all circuit clerks and state judges, except as provided in Section 36-6-51, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive an eight percent salary increase.

Any cost-of-living increase granted under this division shall in no way apply to any local supplement provided to any judges or any other employee of this state. The provisions of this division shall not apply to or increase the compensation of any local employee whose salary is tied to that of any state employee. The increase shall be in addition to the salary received by an employee. It is the intention of the Legislature that the Governor transfer such amounts to, from, and between departments, boards, bureaus, commissions, agencies, offices, and institutions under the direct control of the Governor for the purpose of paying the salary increase for state employees and officials.
Ala. Code § 36-6-171 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-171
Section 36-6-171 Inapplicability to Certain Persons
Status: in_force

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

(b) This division shall not apply to any Merit System employee or hourly employee whose service or rate of pay is covered by any labor agreement or contract.
Ala. Code § 36-9-17 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-17
Section 36-9-17 Filling of Vacancies in State and County Offices Generally
Status: in_force

Vacancies in all state, county or municipal offices shall be filled by appointment of the Governor for the unexpired term of such office, unless otherwise provided by law. Appointees to state and county offices must be commissioned.
Ala. Code § 36-21-186 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-186
Section 36-21-186 Funding
Status: in_force

THIS SECTION WAS AMENDED BY ACT 2011-312 IN THE 2011 REGULAR SESSION, EFFECTIVE SEPTEMBER 1, 2011. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.

(a) In order to fund this article, an annual fee of two dollars ($2) may be voluntarily contributed by indicating on a check-off box which shall be provided on annual ad valorem tax statements or a document provided with the annual ad valorem tax statement that is prescribed by the person or authority administering the program and agreed to by the executive director. If a taxpayer voluntarily indicates, two dollars ($2) shall be added to his or her amount due and paid to the appropriate person or authority administering the program. The voluntary contribution by the taxpayer shall be distributed by the appropriate person or authority administering the program to the fund created by this article.

(b) The amount of all such fees shall be remitted by the person or authority collecting the same to the executive director on the tenth day of each month next succeeding that in which the fee is paid.
Ala. Code § 36-27B-3 — Alabama Code / Title 36 / Chapter 27B / Section 36-27B-3
Section 36-27B-3 Payment of Benefits; Amount; “In-Service” Defined
Status: in_force

Upon receipt of proof satisfactory to the respective Board of Control, of the death of a contributing member, in-service, who had completed at least one year of contributing membership service; or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership service, in lieu of the matching amount equal to the accumulated contributions of the member not to exceed $5,000.00 payable pursuant to the provisions of Section 36-27-16(c)(2), (3) and (4) or Section 16-25-14(g)(2), (3) and (4), there shall be paid a death benefit equal to the annual earnable compensation of the member as reported to the retirement systems for the preceding fiscal or scholastic year as the case may be; provided that in the event of the death of a contributing member to whom such benefit is payable who has completed less than one year of contributing membership service said benefits shall be equal to the annual earnable compensation of the member at the time his death occurs. For purposes of this section, a member shall be deemed to be in-service on the date of his death if his death occurs not more than 180 calendar days after the member’s last day in pay status, provided that he shall not have terminated employment, retired or made application for refund of his contributions.
Ala. Code § 36-16-1 — Alabama Code / Title 36 / Chapter 16 / Section 36-16-1
Section 36-16-1 Duties Generally
Status: in_force

The sole powers, functions and duties of the Auditor shall be as follows:

(1) Those enumerated in the constitution;

(2) The keeping of a seal with the devise, “The State of Alabama, Auditor’s Office;”

(3) If the Treasurer, in the event of his resignation or removal, fails to comply with the provisions of this code, or if he dies or absconds, the stating of his account in the presence of any person attending on the part of such late Treasurer and the delivering of the books, papers and moneys belonging to the Treasury to his successor, taking his receipt for the same, and recording and filing such receipts and statement and reporting the same to the next Legislature;

(4) The postauditing of the accounts and records of the Department of Finance and the Treasurer;

(5) The serving on the boards and commissions of which he is by law an ex officio member; and

(6) The making of a full and complete report to the Governor at the close of each fiscal year showing the audited receipts and disbursements of the government for the last completed fiscal year, as required by the constitution and as shown by the records and documents in the office of the Department of Finance, which records shall be audited by him. The report shall also include the results of his audit of all taxes and revenues collected and paid into the Treasury and shall give the results of all other audits made by him. The report shall be printed and bound with, and as a part of, the annual financial report of the state prepared by the Department of Finance. The Auditor shall make reports oftener upon, and matters pertaining to, his office if required by the Governor or the Legislature.
Ala. Code § 36-2-10 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-10
Section 36-2-10 When County Officers, Etc., May Begin to Exercise Duties and Functions of Offices to Which Elected
Status: in_force

All county officers and officers chosen for any portion or district of a county shall be authorized to exercise the duties and functions of the office to which they are elected after they shall have received certificates of their election as provided by law whether they have received their commissions or not, but such officers shall first give the bond, if any, required by law and take the oath of office prescribed by the constitution.
Ala. Code § 36-27-151 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-151
Section 36-27-151 Amount of Increase - Persons Whose Employer Elects to Come Under Provisions
Status: in_force

(a) Commencing October 1, 2000, each person whose employer participated in the Employees’ Retirement System pursuant to Section 36-27-6, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to July 1, 2000, and who is receiving or is entitled to receive a monthly allowance from the Employees’ Retirement System, may receive a cost-of-living increase determined by the provisions used in Section 36-27-150, if the employer elects to come under this article. Any employer making the election to come under this article shall bear the cost of the cost-of-living increases paid to its employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under the article at anytime and have this article become effective on October 1, 2000, or on October 1 of any subsequent fiscal year and the employer shall not be required to pay this cost-of-living increase retroactively unless the employer elects to fund the increase.

(b) If the employer elects to come under this article, beneficiaries of deceased members or deceased retirees retired from an employer participating in the Employees’ Retirement System pursuant to Section 36-27-6, shall receive the same cost-of-living increase provided in Section 36-27-150, but the increase shall not be less than twenty-five dollars ($25) per month.
Ala. Code § 36-27-5 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-5
Section 36-27-5 Membership - Members of Board of Pardons and Paroles; Director of Physical Fitness Department
Status: in_force

(a) Any person who has been regularly appointed to the state Board of Pardons and Paroles or a former member of said board, or Director of Physical Fitness Department shall be deemed to be an “employee” of the State of Alabama, as defined in Section 36-27-1. From the date he assumes his duties, any such person shall be deemed to be a “member” of the state Employees’ Retirement System, as defined in Section 36-27-4; provided, that the required contributions are made to the system.

(b) Any person serving as of November 21, 1975, shall be entitled to receive credit toward his retirement allowance for any service previously rendered as a member of the Board of Pardons and Paroles or former member or Director of Physical Fitness Department, and any person serving in such positions thereafter shall become a member of the Employees’ Retirement System as a condition of employment. If he elects to do so, he may notify the Board of Control of the Employees’ Retirement System of his intention to claim such credit within six months from November 21, 1975, and shall make any and all contributions, plus eight percent interest, compounded annually, required by the regulations of the board within six months after such notification is made. From the time he so elects, regular deductions shall be made from the salary of each member in the manner prescribed by law.

(c) There is hereby appropriated annually, from the funds from which salaries are paid, the amounts sufficient to carry out provisions of this section. In the case of those departments supported wholly by transfers from other state funds, there is hereby appropriated from the supportive funds such additional amounts as may be necessary to pay the employer contribution of each department so supported, in the same proportion as the other state funds contribute to the support and maintenance of such department.
Ala. Code § 36-27-57.2 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-57.2
Section 36-27-57.2 Purchase of Credit for Prior Service Rendered in Office of Local District Attorney or as Court Reporter, or Both
Status: in_force

(a) An active and contributing member of the Employees’ Retirement System who has been a member of the system for at least 10 years, may claim and purchase credit not to exceed six years in the retirement system for prior service rendered while employed in a program in the office of a local district attorney which was a nonparticipant in the retirement system during the period of the prior service or for prior service rendered as an official court reporter when court reporters were not allowed to participate in the retirement system, or for both. The prior service credit may be purchased if the member has not received credit for the prior service claimed in any public pension system or as a supernumerary and the member complies with the provisions set forth in subsection (b).

(b) Each person eligible to claim and purchase credit for any prior service under subsection (a) shall be awarded creditable service under the Employees’ Retirement System provided he or she shall pay into the retirement system, prior to October 1, 1996, a lump sum equal to a percentage of his or her current annual earnable compensation, or average compensation for the two years immediately prior to the purchase, whichever is greater, for each year of service credit purchased; the applicable percentage of his or her current annual earnable compensation or average compensation, whichever is greater, shall be the sum of the prevailing percentage rates of employer and member contributions, as required by the most recent actuarial valuation.
Ala. Code § 36-27-3 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-3
Section 36-27-3 Corporate Powers Generally
Status: in_force

(a) The Retirement Systems of Alabama, which consist of the Employees’ Retirement System of Alabama and the Teachers’ Retirement System of Alabama, shall have within its corporate powers, the right to purchase, sell and hold title, in its own name, to any interest or estate in real property.

(b) The Retirement Systems of Alabama shall have within its corporate powers the right to establish, as is consistent with the intent and purpose of the competitive bid laws of the State of Alabama, such facilities and procedures for the making of purchases and for the payment of all equipment and expenses reasonably necessary to the operation of the Retirement Systems of Alabama.
Ala. Code § 36-22-13 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-13
Section 36-22-13 Inspection of Record Books; Disposition Thereof When Completely Filled and Upon Expiration of Official Term of Sheriff
Status: in_force

The books required to be maintained by this article must at all times be open to the inspection of the public, free of charge, and must, at the expiration of his official term, be turned over to his successor in office. When a book has been completely filled or used up it must be deposited and kept in the office of the clerk of the circuit court of the county.
Ala. Code § 36-27-123 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-123
Section 36-27-123 Board of Control’s and Employer’s Duties and Responsibilities
Status: in_force

The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-120 and 36-27-122, and shall notify the chief fiscal officer of each employer of the percentum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-120 and 36-27-122 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-120 and 36-27-122 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.
Ala. Code § 36-18-20 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-20
Section 36-18-20 Declaration of Purpose
Status: in_force

The Legislature hereby finds, determines and declares:

(a) That the tragic incidence of violent crime in our society is growing at an alarming rate, and that these offenses often times are committed by repeat or habitual offenders against our most innocent and defenseless citizens.

(b) That there is a critical and urgent need to provide law enforcement officers and agencies with the latest scientific technology available for the purpose of identifying, apprehending, arresting, and convicting those violent offenders.

(c) That DNA testing, profiling, and analysis allows a more certain and rapid identification of such offenders as well as the exoneration of those wrongfully suspected or accused.

(d) That genetic identification technology through DNA testing is generally accepted by the relevant scientific community.

(e) That the procedures and techniques employing the underlying theory of DNA identification is capable of producing reliable results and are generally accepted in the relevant scientific community.

(f) That genetic identification established through DNA testing and analysis should be admissible as a matter of evidence in all courts of this state and that juries, both civil and criminal, should be responsible for assessing the weight, if any, to be given to expert testimony or evidence.

(g) That the creation and establishment of a statewide DNA database is the most reasonable and certain method or means to rapidly identify repeat or habitually dangerous criminals.

(h) That the Alabama Department of Forensic Sciences should be authorized and empowered to analyze, type and record any and all genetic markers contained in or derived from DNA and to create a statewide DNA database system for collection, storage and maintenance of genetic identification information as the same may pertain to the identification of criminal suspects.

(i) That because of the nature of genetic identification certain occasions may arise when genetic information may serve an array of humanitarian purposes, including, but not limited to, the identification of human remains from natural or mass disasters or the identification of missing, deceased or unidentified persons.

(j) That through the development of a population statistical database which does not include therein individual personal identification information an important research mechanism is obtained for the causation, detection and prevention of disease.

(k) That genetic identification is a rapidly expanding technology and the Director of the Alabama Department of Forensic Sciences should be authorized and empowered to adopt reasonable rules and regulations to support identification research and the development of standard protocols for forensic DNA analysis or tests and DNA quality control.

(l) That such needs are and ought to be intimately affected with the public interest.

The provisions of this article are to be liberally construed so as to accomplish these purposes and to promote the same which are hereby declared to be the public policy of this state.
Ala. Code § 36-15-21 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-21
Section 36-15-21 Litigation Affecting State Under Direction and Control of Attorney General; Employment of Certain Assistant Attorneys General
Status: in_force

All litigation concerning the interest of the state, or any department of the state, shall be under the direction and control of the Attorney General. The employment of an assistant attorney general, other than an assistant attorney general employed in the office of the Attorney General, for the purpose of representing the state or any department thereof shall be by the Attorney General with the approval of the Governor, but nothing in this section shall prevent the Governor from employing personal counsel, whose compensation shall be payable out of the Governor’s Contingency Fund.
Ala. Code § 36-24-3 — Alabama Code / Title 36 / Chapter 24 / Section 36-24-3
Section 36-24-3 Termination of Rental Contract
Status: in_force

All such rental contracts shall be terminated if the property rented shall be destroyed or shall be suffered by the landlord to become, for any reason, unfit or unsuitable for the purposes for which rented.
Ala. Code § 36-5-17 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-17
Section 36-5-17 Failure to Give Notice of Omission of Public Officer to File Official Bonds
Status: in_force

Any officer who omits to give notice of failure by a public officer to file his official bond as required by law must, on conviction, be fined not less than $100.00.
Ala. Code § 36-27-56 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-56
Section 36-27-56 Granting of Credit for Service as County Solicitor - Sum to Be Paid into Retirement System to Purchase Credit for Service
Status: in_force

(a) Any active and contributing member of any member unit of the State of Alabama retirement systems who has been such a member for at least one year may hereby claim and purchase credit in his or her respective member unit of the State of Alabama retirement systems for service rendered to any county government as a county solicitor. Such retirement systems member shall be allowed to purchase such prior service for a period of prior service time not to exceed eight years’ total service as county solicitor.

(b) Any member eligible to claim and purchase credit for such county service under subsection (a) shall be awarded such credit under such member unit of the Retirement Systems of Alabama provided he or she shall pay into his or her respective retirement system fund prior to said member’s date of retirement and not later than October 1, 1993, a sum of money equal to a percentage of the member’s current annual compensation or average final salary, whichever is higher; the applicable percentage of said annual compensation or average final salary, whichever is higher, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation for each year of service purchased, not to exceed eight years.
Ala. Code § 36-15-17 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-17
Section 36-15-17 Assistants to Act in Absence of Attorney General and Chief Deputy
Status: in_force

During the absence of the Attorney General and the chief deputy from the seat of government, or when so directed by the Attorney General, the assistants to the Attorney General may render official opinions to such officers as the Attorney General is permitted to advise, and may perform such other duties as may be directed by the Attorney General. During such absence, such authority shall be vested in the senior assistant to be designated by the Attorney General, and in the absence of the latter also, in the next ranking assistant. The performance of such duties by such assistants shall have the same force and effect as if performed by the Attorney General.
Ala. Code § 36-29-6 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-6
Section 36-29-6 Authorization and Execution of Contracts; Documentation of Benefits
Status: in_force

(a) The board is hereby authorized to execute a contract or contracts to provide the plan determined in accordance with the provisions of this chapter. Such contract or contracts may be executed with one or more agencies or corporations licensed to transact or administer group health insurance business in this state. All of the benefits to be provided under this chapter may be included in one or more similar contracts issued by the same or different companies.

(b) Before entering into any contract or contracts authorized by subsection (a) of this section, the board shall invite competitive bids from all qualified entities who may wish to administer or offer plans for the health insurance coverage desired. The board shall award such contract or contracts on a competitive basis as determined by the benefits afforded, administrative costs, the costs to be incurred by employee, retiree, and employer, the experience of the offering company or agency in the group health insurance field and its facilities for the handling of claims. In evaluating these factors the board may employ the services of impartial professional insurance analysts or actuaries.

(c) The contract or contracts executed by the board with the selected carrier or third party administrator shall be a contract to offer coverage to all employees and retirees of the state subject to the provisions of this chapter; provided, however, that nothing contained in this chapter shall prohibit other insurance carriers from soliciting additional health and other types of insurance coverage with state employees, and nothing contained in this chapter shall prohibit the Director of Finance from authorizing payment of premiums for such additional health and other types of coverage by payroll deduction.

(d) The board may authorize a carrier with whom a contract has been executed to reinsure portions of such contract with other such carriers which elect to be a reinsurer and who are legally qualified to enter into a reinsurance agreement under the laws of this state.

(e) Each employee and retiree who is covered under the plan shall receive a certificate or summary document setting forth the benefits to which the employee, retiree, and dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims shall be submitted, and a summary of the provisions of the plan as they affect the employee, retiree, and dependents.

(f) The board may at the end of any contract period discontinue any contract or contracts it has executed with any carrier or third party administrator and replace same with a contract or contracts with any other carrier or third party administrator meeting the requirements of this chapter.

(g) The State Employees’ Insurance Board may enter into contracts of the Public Education Employees’ Health Insurance Board that were awarded through a competitive bid process, upon the mutual consent of the Public Education Employees’ Health Insurance Board and the contractor.
Ala. Code § 36-36-3 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-3
Section 36-36-3 Definitions
Status: in_force

As used in this chapter, the following words and phrases shall have the following respective meanings:

(1) ALABAMA RETIRED EDUCATION EMPLOYEES’ HEALTH CARE TRUST. The Alabama Retired Education Employees’ Health Care Trust created by the state and the Public Education Employees’ Health Insurance Board pursuant to this chapter.

(2) ALABAMA RETIRED STATE EMPLOYEES’ HEALTH CARE TRUST. The Alabama Retired State Employees’ Health Care Trust created by the state and the State Employees’ Insurance Board pursuant to this chapter.

(3) BOARDS. The State Employees’ Insurance Board and the Public Education Employees’ Health Insurance Board.

(4) DEPENDENTS. The spouse and dependent children, as defined by the rules and regulations of the respective boards, of a retired employee who are covered by either the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees’ Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time.

(5) EMPLOYEE. Any person who is a participant in either the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees’ Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time, and satisfies the definition of an employee under Section 16-25A-1(1) or Section 36-29-1(3), as amended from time to time.

(6) FISCAL YEAR. The fiscal year of the state as may from time to time be provided by law.

(7) OTHER POST-EMPLOYMENT BENEFITS or POST-EMPLOYMENT BENEFITS. Non-pension benefits paid on behalf of retired employees or their dependents after the employees’ separation from service in accordance with the relevant post-employment benefit plan.

(8) PERMITTED INVESTMENTS. All assets and properties in which the Retirement Systems of Alabama may invest as permitted by law from time to time.

(9) PUBLIC EDUCATION EMPLOYEES’ HEALTH INSURANCE BOARD. The Public Education Employees’ Health Insurance Board established by Section 16-25A-2, or its successor or assign.

(10) RETIRED EMPLOYEE. A former employee who is a participant in either the Public Education Employees’ Health Insurance Plan pursuant to Chapter 25A of Title 16, as amended from time to time, or the State Employees’ Health Insurance Plan pursuant to Chapter 29 of this title, as amended from time to time, and satisfies the definition of retiree under Section 36-29-1(11), as amended from time to time, or retired employee under Section 16-25A-1(2), as amended from time to time.

(11) STATE. The State of Alabama.

(12) STATE EMPLOYEES’ INSURANCE BOARD. The State Employees’ Insurance Board established by Section 36-29-2, or its successor or assign.

(13) TRUSTEE. A trustee of the relevant trust.

(14) TRUSTS. The separate trusts to be created by the state, on the one hand, as the grantor, and members of the State Employees’ Insurance Board or the Public Education Employees’ Health Insurance Board, on the other hand, as trustees of the respective trusts, pursuant to this chapter.
Ala. Code § 36-26-9 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-9
Section 36-26-9 Promulgation, Etc., of Rules for Implementation of Provisions of Article
Status: in_force

The director shall recommend such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this article and may from time to time recommend amendments thereto. When such rules or amendments are recommended by the director, the board shall hold a public hearing thereon and shall have power to approve or reject the recommendations of the director wholly or in part or to modify them and approve them as so modified. Rules or amendments thereto which are approved by the board or on which the board takes no action within 30 days after they are recommended by the director shall be submitted to the Governor by the director, who shall have power to approve or reject them. Such rules or amendments thereto shall become effective when approved by the Governor or on the tenth day after they are submitted to him if prior thereto he shall not have rejected them. Rules adopted under this section, not in conflict with the laws of Alabama, shall have the force and effect of law.

Among other things, such rules shall provide for the method of administering the classification plan and the pay plan; the establishment, maintenance, consolidation and cancellation of lists; the application of service ratings; the hours of work, attendance regulation and leaves of absence for employees in the state service; and the order and manner in which lay-offs shall be effected. Such rules may include any provisions relating to state employment, not inconsistent with the laws of the state, which may be necessary or appropriate to give effect to the provisions and purposes of this article.

The powers conferred upon the director by this section shall be subject only to the provisions of this article and of the rules adopted under this section and may be exercised by regulation or by order as the director sees fit.
Ala. Code § 36-27-20 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-20
Section 36-27-20 Increase in Maximum Retirement Allowance of Certain State, Etc., Employees - 1971 Five Percent Increase
Status: in_force

(a) On or after October 1, 1971, there is hereby provided to any state employee who retired prior to October 1, 1971, an increase in his maximum retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971.

(b) On or after October 1, 1971, there is hereby provided to any employee who was retired prior to October 1, 1971, as an employee participating in the Employees’ Retirement System of Alabama under the provisions of Section 36-27-6 an increase in his maximum retirement allowance by an amount of up to five percent, excluding that part of five percent provided by any other legislation in 1971. The employer participating under said Section 36-27-6 as described in this subsection shall provide the funds necessary to pay the increase in retirement allowances as described in this subsection.

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

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

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

(f) The Board of Control of the Employees’ Retirement System of Alabama shall administer all the benefits provided by this section under such rules and regulations as the said Board of Control may adopt, not inconsistent with this section.
Ala. Code § 36-25-22 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-22
Section 36-25-22 Sections 36-25-18 to 36-25-21 Not to Be Construed as Affecting Certain Professional Services
Status: in_force

Sections 36-25-18 to 36-25-21, inclusive, shall not be construed as affecting professional services in drafting bills or in advising clients and in rendering opinions as to the construction and effect of proposed or pending legislation, executive action, rules, or regulations, where those professional services are not otherwise connected with legislative, executive, or regulatory action.
Ala. Code § 36-19-44 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-44
Section 36-19-44 Penalties; Good Faith Compliance Exception
Status: in_force

Any person violating the provisions of subsections (d), (e), (f) and (g) of Section 36-19-43 shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $100.00 nor more than $500.00. It shall not be considered a violation of this article if an insurer in good faith, believes it has done everything required of it under this article.
Ala. Code § 36-37-2 — Alabama Code / Title 36 / Chapter 37 / Section 36-37-2
Section 36-37-2 Definitions
Status: in_force

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

(1) NONPROFIT ORGANIZATION. An entity that is exempt from federal income tax under 26 U.S.C § 501(c) , or has submitted an application with the Internal Revenue Service for recognition of an exemption under 26 U.S.C § 501(c).

(2) PERSONAL INFORMATION. Any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any nonprofit organization.

(3) PUBLIC AGENCY. Any department, agency, office, commission, board, division, or other entity of this state, or of any political subdivision of this state, including, but not limited to, a county, municipality, or school district; or any state or local court, tribunal, or other judicial or quasi-judicial body, but excluding any public institution of higher education, as defined in Section 16-5-1, or any authority, as defined in the University Authority Act of 2016, Chapter 17A of Title 16.
Ala. Code § 36-6-173 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-173
Section 36-6-173 Appropriations
Status: in_force

It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
Ala. Code § 36-1-4.6 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-4.6
Section 36-1-4.6 Salary Deductions for Purchase of Computers and Computer Software
Status: in_force

(a) The state Comptroller shall adopt statewide policies which provide for the deductions from the salaries of state employees whenever a request is presented to the state Comptroller by the participating state employee to purchase a computer or computer software. The deductions shall be made at least monthly and shall be remitted to the appropriate company or other legal entity as specified by the participating state employee. The deductions may be made for the purchase of computer software and computer hardware by the state employee under an agreement with the state Comptroller. Any deduction provided under this section may be terminated upon two months’ notice in writing by the participating state employee to the appropriate company or other legal entity and to the appropriate payroll clerk or other appropriate official as specified by the state Comptroller.

(b) Upon leaving state service whether by death, retirement, termination, resignation, leave of absence, or other means, payroll deductions made pursuant to this section shall terminate and any amounts owed under the authorization of the participating state employee shall be deducted from the state employee’s final pay due.

(c) This section is supplemental and shall not be construed to repeal or supersede any law not in direct conflict herewith, including this chapter.
Ala. Code § 36-26-11 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-11
Section 36-26-11 Classification of Positions, Etc., in State Service
Status: in_force

The director shall, as soon as practicable after this article takes effect, ascertain and record the duties of each position in the state service and, after consultation with appointing authorities and principal supervising officials, recommend to the board a classification plan, together with proposed rules for its administration. Such classification plan shall show each class of position in the state service and, when approved by the board, shall be made public together with the rules for its administration. Each such class shall include positions requiring duties which are substantially similar in respect to the authority, responsibility and character of the work required in the performance thereof and shall be designated by a title indicative of such duties. Each class shall be so defined that the same requirements as to education, experience, capacity, knowledge and skill are demanded of incumbents for the proper performance of their duties, that the same tests of fitness may be used in choosing qualified appointees and that the same schedule of pay can be made to apply with equity under like working conditions. The class titles shall be used in personnel, budget and financial records and communications. As far as practicable the natural or probable lines of promotion to and from the class of position shall be designated or indicated.
Ala. Code § 36-11-14 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-14
Section 36-11-14 Proceedings in Circuit Court - When Case Stands for Trial; Conduct of Trial Generally; Right to Jury Trial
Status: in_force

When the information is filed in the circuit court, if the summons is served 20 days before the day specified in the order, such case shall stand for trial on that day; and, if the summons is served less than 20 days before the day specified in the order, then the court shall on the day specified in the order make an order setting another day on which the defendant shall answer the information and the case stand for trial. The case shall have precedence and priority over all other business in such court and, shall be proceeded with in all respects as civil actions are conducted, with the right to either party to except to the rulings of the court and to reserve such exceptions as in civil actions. The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands the same.
Ala. Code § 36-5-65 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-65
Section 36-5-65 When Surety Discharged
Status: in_force

On the execution, approval and filing of such additional bond, such applicant shall be discharged as surety on the bond on which such application was made from all liability for any breach of the condition therein contained accruing subsequently to the filing of such additional bond.
Ala. Code § 36-27E-4 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-4
Section 36-27E-4 Creation, Management, and Control of State Employee Retirees’ Trust Fund
Status: in_force

(a) There is created the State Employee Retirees’ Trust Fund evidenced by a written trust instrument, the terms and conditions of which shall be determined by the Board of Control creating the trust fund.

(b) The trust shall be managed and controlled by its trustees. The trustees shall serve without compensation for their service as trustees, but may be reimbursed from the trust for all reasonable and necessary expenses that they incur in connection with their service as trustees.
Ala. Code § 36-24-2 — Alabama Code / Title 36 / Chapter 24 / Section 36-24-2
Section 36-24-2 Payment of Rental
Status: in_force

The rental agreed on shall be paid at such times or in such installments as may be agreed on between the lessor of such office or offices and the state out of any funds in the Treasury, and the Comptroller shall draw his warrant in favor of such lessor for such sum on the certificate of the Governor. The amount of rental provided for under this chapter shall not exceed the amount of $40,000.00 per annum.
Ala. Code § 36-27E-1 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-1
Section 36-27E-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the State Employee Retirees’ Trust Fund Funding Act of 2022.
Ala. Code § 36-27C-5 — Alabama Code / Title 36 / Chapter 27C / Section 36-27C-5
Section 36-27C-5 Investments
Status: in_force

To the extent not in conflict with the Internal Revenue Code, all investments shall be subject to any limitations established and adopted by the board.
Ala. Code § 36-3-2 — Alabama Code / Title 36 / Chapter 3 / Section 36-3-2
Section 36-3-2 Terms of Judicial Officers Generally
Status: in_force

The Chief Justice of the Supreme Court and associate justices of said court, the judges of the Court of Civil Appeals and the Court of Criminal Appeals, circuit judges, judges of probate courts and clerks of the circuit court and judges of inferior courts, when not otherwise provided for by law, shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.
Ala. Code § 36-29A-2 — Alabama Code / Title 36 / Chapter 29A / Section 36-29A-2
Section 36-29A-2 Costs
Status: in_force

The costs of the program and its administration shall be paid from the funds appropriated for the operation of the several state departments, agencies, boards and commissions, to which the Director of Finance may apportion the costs. Medical costs may be managed by cooperative agreement with the State Employees’ Insurance Board.
Ala. Code § 36-11-8 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-8
Section 36-11-8 Verification of Information When Filed by Taxpayers; Costs Generally
Status: in_force

When the proceedings in impeachment are instituted by taxpayers, the information must be verified by the plaintiffs or any one of them. The costs shall be given against the unsuccessful party, as in other cases, to be collected by execution.
Ala. Code § 36-21-226 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-226
Section 36-21-226
Status: in_force

The commission shall report to the Legislature, by January 1 of each year, all of the following:

(1) The number of applicants approved in the previous fiscal year.

(2) The number of applicants approved as of the reporting date of the current fiscal year.

(3) The number of recipients, by the number of remaining academic terms for which they may be eligible for the scholarship.

(4) The cost of the previous fiscal year’s expenditures to the program, arranged by each participating institution and the number of recipients who are enrolled with each participating institution.

(5) The number of recipients in the previous fiscal year who completed an approved postsecondary program by being awarded a certificate or a degree.
Ala. Code § 36-15-1.1 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-1.1
Section 36-15-1.1 Retention of Powers
Status: in_force

The Attorney General shall have and retain all of the powers, duties, and authority heretofore granted or authorized by the constitution, statutory law, or the common law.

Nothing contained in this article shall be construed so as to in any way restrict, limit or abridge the powers, duties, or authority of the Attorney General as heretofore authorized by the constitution, statutory law, or the common law.
Ala. Code § 36-2-1 — Alabama Code / Title 36 / Chapter 2 / Section 36-2-1
Section 36-2-1 Persons Not Eligible to Hold State Office; Holding of State and Federal Offices of Profit or Two State Offices of Profit
Status: in_force

(a) The following persons shall be ineligible to and disqualified from holding office under the authority of this state:

(1) Those who are not qualified electors, except as otherwise expressly provided;

(2) Those who have not been inhabitants of the state, county, district or circuit for the period required by the constitution and laws of the state;

(3) Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery or any other crime punishable by imprisonment in the state or federal penitentiary and those who are idiots or insane;

(4) Those against whom there is a judgment unpaid for any moneys received by them in any official capacity due to the United States, this state or any county or municipality thereof; and

(5) Soldiers, seamen or marines in the regular Army or Navy of the United States.

(b) No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this state, nor shall any person hold two offices of profit at one and the same time under this state, except constables, notaries public and commissioners of deeds.
Ala. Code § 36-21-73 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-73
Section 36-21-73 Appointment of Actuary; Action Upon Report; Liability for Deficiency in Payments
Status: in_force

The board shall have appointed and employed an actuary to make an actuarial valuation every three years or earlier, if deemed required, of the receipts and income accruing to the fund based on age, expected mortality, disability, and retirement status of the members and the qualified service and membership service of members and to determine what percentage of the proposed payments, annuities, and benefits set forth in this article may be paid if the fund is to be kept on an actuarily sound basis and in an actuarily solvent condition. Upon receipt of the report of the actuary, the executive director shall present it to a meeting of the board which shall have the power and shall be required to make adjustments of annuities and benefits, up or down, as are recommended by the actuary. Any increase or reduction in benefits resulting from any actuarial study or from any subsequent amendment of this article shall be applicable to all persons then receiving such benefits, even though such persons had theretofore received benefits at a different rate.

In no event shall the board, the fund, the association, the order, or any member, officer, director, or employee of any thereof or the state or any subdivision thereof or any municipality therein be liable to any member or any beneficiary or any representative of any member or any beneficiary of the fund for any deficiency in payments made pursuant to this article and pursuant to any adjustments of annuities and benefits, up or down, as are recommended by the actuary.