Ala. Code § 45-27-245.60 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-245.60
Section 45-27-245.60 Definitions
Status: in_force

As used in this subpart, sales and use tax means a tax imposed by the state sales and use tax statutes and such other acts applicable to Escambia County, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-37, 40-23-60, 40-23-61, 40-23-62, and Section 40-23-63.
Ala. Code § 45-37A-52.251 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.251
Section 45-37A-52.251 Petition for Change of Form of Government
Status: in_force

Such change, however, shall first be initiated by petition and submitted to a vote of the qualified electors at an election and shall receive at such election a majority of the votes yes or in favor thereof in the same manner and subject to the same requirements as provided in Sections 45-37A-52.01 to 45-37A-52.04, inclusive, except that the proposition on the ballot shall be changed to reflect the proposed form of municipal government to be submitted to the vote of the qualified electors. The officers and members of the governing body of such newly adopted form of municipal government shall be elected as soon as may be under the provisions of law applicable thereto; and upon their election and qualification for office the term of office of all members of the council under the mayor-council form of government shall terminate.
Ala. Code § 45-55-81.45 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.45
Section 45-55-81.45 Certificate of Assessment; Issuance of License Tag; Valuation; Municipal Taxes
Status: in_force

(a) Every person, firm, or corporation residing in or owning a motor vehicle which is principally used in Pike County who desires to operate a motor vehicle on the public highways of Alabama shall first return the motor vehicle for ad valorem taxation to the judge of probate. The judge of probate shall issue a certification of assessment on a form prescribed by the state Department of Revenue, shall collect the tax as shown thereon, and shall make a duplicate of the tax receipt and keep the receipt on file in the probate office. The license tag shall be evidence of the payment of the license and ad valorem tax due under this subpart.

(b) Valuation for ad valorem assessment of motor vehicles shall be at the same rate and on the same basis as is provided in Article 5, commencing with Section 40–12–240, Chapter 12, Title 40, and all laws relating to the assessment on a quarterly basis are incorporated in this subpart and made a part hereof.

(c) The Judge of Probate of Pike County, in addition to assessing and collecting the ad valorem taxes due the state and county on motor vehicles, shall collect the ad valorem taxes on motor vehicles due all municipalities in Pike County and shall report and pay over the money collected for the municipalities at the same time and in the same manner as state and county taxes and licenses are reported and paid over by him or her. The judge of probate shall collect and deposit into the General Fund of Pike County five percent of the amount of municipal taxes collected for assessing and collecting the taxes, and shall deduct that amount from the total amount collected before paying the city treasury. The judge of probate shall not issue a license to operate a motor vehicle on the highways of this state until all ad valorem taxes due the state, county, and municipalities are paid for the preceding tax year as shown by the tax receipts.
Ala. Code § 45-34-234 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-234
Section 45-34-234 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

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

(b) Any person employed as a commissioned deputy of the sheriff’s office of Henry County for a period of 10 years or more upon retirement who leaves the office in good standing shall receive from the office, without cost to him or her, a retired badge, a retired commission card, and his or her service pistol.
Ala. Code § 45-32-150.01 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-150.01
Section 45-32-150.01 Qualifications of Members
Status: in_force

(a) The members of the commission shall be qualified electors of Greene County and not less than 21 years of age, who shall have resided in the State of Alabama for a period of five years next preceding their appointment. Each commissioner shall take the same constitutional oath of office as other county officers, and shall give bond payable to the county in the amount of five thousand dollars ($5,000), conditioned that he or she shall faithfully and properly perform the duties of his or her office. The premiums on such bonds shall be paid by the commission. The commission may employ such assistance and employees as may be necessary who shall be paid out of funds deposited in the county treasury to the credit of the racing commission.

(b) A member of the racing commission may not be an official member of any board of directors, or person financially interested in any race track or race meeting licensed by the commission, nor shall he or she race dogs in any race meeting licensed by the commission.
Ala. Code § 45-17A-50.13 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-50.13
Section 45-17A-50.13 Rules and Regulations
Status: in_force

Commencing June 18, 1999, the city shall adopt and have printed the rules and regulations in accordance with this part. The rules and regulations and all amendments thereafter adopted shall be kept on file in the office of the city clerk and open for public inspection. No amendment shall become effective until notice of its adoption has been given to the public for 30 days by posting a copy of the amendment in the vestibule of the municipal building.
Ala. Code § 45-39-40.13 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-40.13
Section 45-39-40.13 Reciprocity
Status: in_force

The board may dispense with examinations of applicants as provided in this article and may grant certificates of registration or licenses under the respective sections, upon the payment of the required fee as provided in this article; provided, that such applicant is currently licensed in and has complied with the requirements of another county, state, territory, District of Columbia, or foreign country, state, or province wherein the requirements for registration were substantially equal to those in force in this county at the time the license was issued by the county, state, territory, District of Columbia, or foreign country, state, or province or upon due proof that the applicant has continuously practiced the practices or profession for which a license is applied at least five years immediately prior to application and upon the payment of a fee provided in Section 45-39-40.12.
Ala. Code § 45-23-82.12 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-82.12
Section 45-23-82.12 Liability of District Attorney
Status: in_force

The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program.
Ala. Code § 45-51A-32.61 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.61
Section 45-51A-32.61 Personnel Merit System - Establishment and Administration
Status: in_force

The authority shall establish and administer its own personnel merit system based on principles of human resources management which shall include equity, fairness, and compliance with all applicable state and federal laws. This shall be a merit based personnel system which seeks to maintain high quality employee conduct, integrity, and concern for the public interest. These factors shall be the basis for all personnel decisions whether made by the department, the authority, or the appeals board.
Ala. Code § 45-28A-90 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-90
Section 45-28A-90 Television Cable Services
Status: in_force

(a) This section shall apply only to the Town of Sardis in Etowah County.

(b) The municipal corporation of the Town of Sardis in Etowah County shall have the right to establish, purchase, construct, maintain, and operate a nonexclusive television cable system and to furnish television cable service to their residents and residents of surrounding unincorporated areas of Etowah County not then served by an existing cable television system or systems.

(c) The municipal corporation is authorized to construct, lease, purchase, or otherwise acquire television lines or cables for the furnishing of television service from any point in this state or any other state to the municipal corporation and surrounding territory.

(d) For the purposes of this section such municipal corporation may exercise the right of eminent domain. Such eminent domain proceedings shall be conducted in the manner now provided by law.

(e)(1) In payment of the purchase, construction, acquisition, extension, or maintenance of such television cable system, the municipal corporation may issue its bonds in the manner provided by law.

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

(3) Such mortgage or deed of trust may contain such terms, conditions, covenants, and warranties for the protection of the municipal corporation and holders of such bonds or securities issued by such municipal corporation and holders of such bonds or securities issued by such municipal corporation as may be determined and agreed upon by the governing body of the municipal corporation and persons, firms, or corporations owning such debts, bonds, or securities.

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

(5) Such mortgage or deed of trust may provide that during the ownership of the system by the municipal corporation, its control of the service of the system shall not be diminished or interfered with by the grant of any other franchise for the operation of any other plant or system for similar purposes; and that such rates and charges shall be established and maintained as are sufficient to meet the costs of operation and maintenance; and such municipal corporation may pledge all of the receipts, earnings, and revenues from the operation of the system for the payment of the debts, bonds, or other evidences of indebtedness secured by such mortgages or deeds of trust.

(f) The municipal corporation furnishing television cable service pursuant to this section shall have the right to mutually agree with any person furnishing television cable service to the public in this state to interconnect the television cable, lines, facilities, or systems furnishing such service with, or otherwise make available such cables, lines, facilities, or systems to the municipal corporation’s television cable, lines, facilities, or system in order to provide a continuous line of communication for the municipal corporation’s subscribers.

(g) The municipal corporation shall have all the power and authority necessary and proper to the exercise of the powers conferred on it by this section and in effectuating the purposes of this section.

(h) For the transaction of business pursuant to this section, the municipal corporation shall be exempt from the jurisdiction and control of the Alabama Public Service Commission with respect to such business.
Ala. Code § 45-1-81.30 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-81.30
Section 45-1-81.30 Purpose
Status: in_force

This subpart shall apply only in Autauga County. The purpose of this subpart is to facilitate the use of public records in property transactions in Autauga County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate, and for the recording, archiving, and retrieving of other instruments, documents, and other uses in the discretion of the judge of probate.
Ala. Code § 45-41A-10.08 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.08
Section 45-41A-10.08 Powers of Authority
Status: in_force

(a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To have succession by its corporate name for the duration of time (which may be perpetuity, subject to Section 45-41A-10.19) specified in its certificate of incorporation.

(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction of the subject matter and of the parties.

(3) To adopt and make use of a corporate seal and to alter the same at pleasure.

(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.

(5) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain, equip, and furnish one or more projects, including all real and personal properties which the board of the authority may deem necessary in connection therewith, regardless of whether or not any such projects shall then be in existence.

(6) To lease to others any or all of its projects and to charge and collect rent therefor, and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof.

(7) To sell, exchange, donate, or convey and to grant options to any lessee to acquire any of its projects and any or all of its properties whenever its board shall find any such action to be in furtherance of the purposes for which the authority was organized.

(8) To issue its bonds for the purpose of carrying out any of its powers.

(9) To mortgage and pledge any or all of its projects or any part or parts thereof, as security for the payment of the principal of and interest on any bonds so issued and any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any thereof.

(10) To execute and deliver, in accordance with this section and Section 45-41A-10.09, mortgages and deeds of trust indentures, or either.

(11) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the authority is hereby authorized to receive and accept and use.

(12) To issue and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose.

(13) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority’s public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source.

(14) To enter into agreements with the federal government or any agency thereof to use the facilities or the services of the federal government of any agency thereof in order to further or carry out the public purposes of the authority.

(15) To contract for any period with the State of Alabama, state institutions or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county, or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are by law authorized to undertake.

(16) To extend credit or to make loans to any person, corporation, partnership (limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deed to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted hereby in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable.

(17) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the authority.

(18) To appoint, employ, contract with, and provide for the compensation of, such officers, employees, and agents including, but without limitation to, engineers, attorneys, contractors, consultants, and fiscal advisors, as the board shall deem necessary for the conduct of the business of the authority.

(19) To provide for such insurance as the board may deem advisable.

(20) To make, enter into, and execute such contracts, agreements, leases, and other instruments and to take such other actions as may be necessary or convenient to accomplish any purpose for which the authority was organized or to exercise any power expressly granted hereunder.

(21) To require payments in lieu of taxes to be made by the lessee of the project to either the authority or the city.

(22) To receive and use the proceeds of any tax levied by a municipal corporation to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this part.

(23) To encourage and promote the improvement and revitalization of the downtown development area and to make, contract for, or otherwise cause to be made long-range plans or proposals for the downtown development area in cooperation with the city or Lee County.

(24) To exercise any power granted by the laws of the State of Alabama to public or private corporations which is not in conflict with the public purpose of the authority.

(25) To do all things necessary or convenient to carry out the powers conferred by this part.

(b) All projects of the authority shall be located wholly within the corporate limits of the city and shall be in the downtown development area, which shall include the following area:

Beginning at the intersection of the centerline of South College Street and East Thach Avenue then running easterly along the centerline of East Thach Avenue until intersection with the centerline of Armstrong Street then proceeding in a northerly direction along the Urban Core boundary, established by the City of Auburn Zoning Ordinance dated November 20, 1984, to the centerline of East Magnolia Avenue, then easterly along the centerline of East Magnolia Avenue until the intersection of the centerline of East Magnolia Avenue with the centerline of South Ross Street, then northerly along the centerline of South Ross Street, continuing on the centerline of North Ross Street until the intersection of the centerline of North Ross Street with the Western Kentucky Railroad Line, then running westerly along the Western Kentucky Railroad Line to the intersection of the northwestern boundary of the established Urban Core, then southerly following the established Urban Core boundary until meeting the centerline of West Glenn Avenue, then proceeding westerly along the centerline of West Glenn Avenue until intersection with the centerline of Toomer Street, then proceeding southerly along the centerline of Toomer Street until intersection with the centerline of West Magnolia Avenue, then proceeding easterly along the centerline of West Magnolia Avenue, then proceeding easterly along the centerline of West Magnolia Avenue until intersection with the centerline of South College Street, then proceeding southerly along the centerline of South College Street until the intersection of the centerline of South College Street with the centerline of East Thach Avenue.
Ala. Code § 45-8A-23.127 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.127
Section 45-8A-23.127 Vote Required for Adoption
Status: in_force

The budget shall be adopted by the favorable votes of at least a majority of the whole qualified membership of the council.
Ala. Code § 45-57-244.05 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244.05
Section 45-57-244.05 Complying with Administration and Enforcement of the State Use Tax Statute
Status: in_force

All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of reports, and keeping and preserving records with respect thereto, interest after due date of tax penalties for failure to pay tax, make reports, or otherwise comply with the state sales tax statutes, the adoption of rules and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes, which are not inconsistent with this subpart when applied to the tax levied in Section 45–57–244, shall apply to the county tax levied, and all provisions of the state use tax statutes with respect to payment, assessment, and collection of the state use tax, making quarterly reports, and keeping and preserving records with respect thereto, interest after due date of tax, penalties for failure to pay tax, make reports, or otherwise comply with the state use tax statutes, the adoption of rules and regulations with respect to the state use tax, and the administration and enforcement of the state use tax statutes, which are not inconsistent with this subpart when applied to the county use tax levied shall apply to the county tax. The Commissioner of Revenue and the state Department of Revenue shall have and exercise the same powers, duties, and obligations with respect to the county taxes levied as are imposed on the commissioner and the department, respectively, by the state sales tax statutes and the state use tax statutes. All provisions of the state sales tax statutes and the state use tax statutes that are made applicable by this subpart to the county taxes levied and to the administration of this subpart are incorporated herein by reference and made a part hereof as if fully set forth herein.
Ala. Code § 45-26-200.01 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-200.01
Section 45-26-200.01 Mileage Allowance
Status: in_force

The Elmore County Commission is hereby authorized to pay a mileage allowance to the county license inspector for official business, provided such allowance does not exceed the amount of allowance paid other county employees.
Ala. Code § 45-53-240.59 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-240.59
Section 45-53-240.59 Election of Officials
Status: in_force

If consolidation is approved by resolution of the county commission in a year in which the office of the tax collector and the office of the tax assessor are filled by election, candidates for either office shall also be deemed candidates for the office of county revenue commissioner without the payment of any additional fees. If Sections 45-53-240.50 to 45-53-240.57, inclusive, become operative, the person receiving the most votes for county revenue commissioner at the general election shall be elected revenue commissioner and no one shall be elected to the office of tax collector or the office of tax assessor. If consolidation is not approved by resolution of the county commission, the person receiving the most votes for tax collector shall be elected tax collector and the person receiving the most votes for tax assessor shall be elected tax assessor.
Ala. Code § 45-37-21.07 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-21.07
Section 45-37-21.07 Amendment, Modification, Termination, Etc., of Agreement
Status: in_force

(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier shall not amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases, the supplier has complied with all of the following:

(1) Has satisfied the applicable notice requirements of subsection (c).

(2) Has acted in good faith.

(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.

(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving that it has acted in good faith, that the notice requirements under this section have been complied with, and that there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(c) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (5) of subsection (d), the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than 60 days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance. The notice shall be by certified mail and shall contain all of the following:

(1) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement.

(2) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.

(3) The date on which the amendment, modification, termination, cancellation, nonrenewal, or discontinuance takes effect.

(d) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal, or discontinuance under subdivision (3) of subsection (a) when all of the following occur:

(1) There is a failure by the wholesaler to comply with a provision of the agreement which is both reasonable and of material significance to the business relationship between the wholesaler and the supplier.

(2) The supplier first acquired knowledge of the failure described in subdivision (1) not more than 18 months before the date notification was given pursuant to subdivision (1) of subsection (a).

(3) The wholesaler was given notice by the supplier of failure to comply with the agreement.

(4) The wholesaler was afforded a reasonable opportunity to assert good faith efforts to comply with the agreement within the time limits as provided for in subdivision (5) of subsection (d).

(5) The wholesaler has been afforded 30 days in which to submit a plan of corrective action to comply with the agreement and an additional 120 days to cure such noncompliance in accordance with the plan.

(e) Notwithstanding subsections (a) and (c), a supplier may terminate, cancel, fail to renew, or discontinue an agreement immediately upon written notice given in the manner and containing information required by subsection (c) if any of the following occur:

(1) Insolvency of the wholesaler, the filing of any petition by or against the wholesaler under any bankruptcy or receivership law, or the assignment for the benefit of creditors or dissolution or liquidation of the wholesaler for the benefit of creditors or dissolution or liquidation of the wholesaler which materially affects the ability of the wholesaler to remain in business.

(2) Revocation or suspension of the state or federal license of the wholesaler by the appropriate regulatory agency whereby the wholesaler cannot service the sales territory of the wholesaler for more than 61 days.

(3) The wholesaler, or partner or individual who owns 10 percent or more of the partnership or stock of a corporate wholesaler, has been convicted of a felony under the United States Code or the laws of any state which reasonably may adversely affect the good will or the interest of the wholesaler or supplier. However, an existing stockholder or stockholders, or partner or partners, or a designated member or members, shall have, subject to this part, the right to purchase the partnership interest or the stock of the offending partner or stockholder prior to the conviction of the offending partner or stockholder and if the sale is completed prior to conviction this subdivision shall not apply.

(f) Notwithstanding subsections (a), (c), and (e), upon not less than 15 days prior written notice given in the manner and containing the information required by subsection (c), a supplier may terminate, cancel, fail to renew, or discontinue an agreement if any of the following events occur:

(1) There was intentional fraudulent conduct relating to a material matter on the part of the wholesaler in dealings with the supplier. Provided, however, the supplier shall have the burden of proving intentional fraudulent conduct relating to a material matter on the part of the wholesaler.

(2) The wholesaler failed to confine to the designated sales territory its sales of a brand or brands to retailers. Provided this subdivision does not apply if there is a dispute between two or more wholesalers as to the boundaries of the assigned territory and the boundary cannot be determined by a reading of the description contained in the agreements between the suppliers and the wholesalers.

(3) A wholesaler who has failed to pay for wine ordered and delivered in accordance with established terms with the supplier fails to make full payment within two business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.

(4) A wholesaler intentionally has made a transfer of the business of the wholesaler, other than a transfer to a designated member or pursuant to a loan agreement or debt instrument, without prior written notice to the supplier, and has failed, within 30 days from the receipt of written notice from the supplier of its intent to terminate on the ground of such transfer, to reverse the transfer of the business of the wholesaler.

(5) A wholesaler intentionally has made a transfer of the business of the wholesaler other than a transfer to a designated member, although the wholesaler has prior to the transfer received from supplier a timely notice of disapproval of the transfer in accordance with this part.

(6) The wholesaler intentionally ceases, or ceases for more than a period of 61 days, to carry on business with respect to any of the brand or brands of the supplier previously serviced by the wholesaler in its territory designated by the supplier, unless such cessation is due to a force majeure or to a labor dispute and the wholesaler has made good faith efforts to overcome such events. Provided, however, this shall affect only that brand or brands with respect to which the wholesaler ceased to carry on business.

(g) Notwithstanding subsections (a), (c), (e), and (f), a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than 30 days’ prior written notice if the supplier discontinues production or discontinues distribution in this state of all brands sold by the supplier to the wholesaler. Provided, however, nothing in this section shall prohibit a supplier from: (1) upon not less than 30 days’ notice, discontinuing the distribution of any particular brand of wine; or (2) conducting test marketing of a new brand of wine or of a brand of wine which is not currently being sold in this state, provided that the supplier has notified the board in writing of its plan to test market, which notice shall describe the market area in which the test shall be conducted; the name or names of the wholesaler or wholesalers who shall be selling the wine; the name or names of the brand of wine being tested; and the period of time not to exceed 18 months during which the testing shall take place.
Ala. Code § 45-29-83.47 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-83.47
Section 45-29-83.47 Special Recording and Indexing Fees
Status: in_force

(a) A special recording and indexing fee of five dollars ($5) shall be paid to the county and collected by the judge of probate with respect to each:

(1) Case filed in the probate court.

(2) Real property interest instrument, personal property instrument, incorporation, notary bond, or name change filed for record in the office of the judge of probate.

(3) Marriage license issued by, or marriage ceremony performed by, the judge of probate.

(b) After August 1, 2013, no case may be filed in the probate court, no real property instrument, personal property instrument, incorporation, notary bond, or name change may be filed for record in the office of judge of probate, and no marriage license may be issued by or marriage ceremony performed by the judge of probate unless the special recording and indexing fee is paid. The special recording and indexing fee is in addition to all other fees, taxes, and other charges required to be paid upon the filings and services covered by this section.

(c) All special recording and indexing fees collected under this section shall be deposited by the judge of probate in any bank in Fayette County and expended by the judge of probate at his or her discretion for an improved recording and indexing system and the purchase and maintenance of such necessary equipment, the purchase or improvement of other equipment and facilities, and for personnel and operations of the probate office.

(d) The fees collected from this section shall be subjected to audit by the Department of Examiners of Public Accounts.
Ala. Code § 45-45-201.10 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.10
Section 45-45-201.10 Alternative Procedures
Status: in_force

(a) The procedure authorized by this part for the payment of ad valorem taxes and motor vehicle license taxes and the issuance of license tags is optional, and alternative to the procedure now provided by law. Each owner of a motor vehicle shall continue to have the right to pay taxes and to receive his or her tag in person without the payment of the additional fee hereinabove provided.

(b) Every purchaser of a motor vehicle shall within 10 days after transfer of title to him or her, have the transfer of title made on the records contained in the office of the judge of probate; should the purchaser fail to so do he or she shall pay to the director of the motor vehicle license department the sum of two dollars fifty cents ($2.50) as a penalty; this penalty shall be remitted by the director to the county general fund.
Ala. Code § 45-37A-270.23 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-270.23
Section 45-37A-270.23 Applicants for Admittance
Status: in_force

(a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance:

(1) Any offense involving violence or aggression resulting in injury to a law enforcement officer.

(2) Any offense involving eluding or attempting to elude a law enforcement officer.

(3) Any offense involving violence where a weapon was used or where children are victims.

(4) Any driving under the influence charge where serious physical injuries are involved.

(5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official.

(b) A person may not be admitted to the program if the person holds a commercial driver license issued in any state, possession, territory, or insular area of the United States.
Ala. Code § 45-41-141.15 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-141.15
Section 45-41-141.15 Election Supplies
Status: in_force

When any special election is to be held in any district under this part, the commission shall provide the necessary number of ballots, poll lists, tally sheets, ballot boxes, booths, instructions for holding such special election, and all other necessary and proper stationery for holding such special election; and the sheriff shall see that the same are delivered to the appropriate election officers before the day of such special election.
Ala. Code § 45-52-243.22 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-243.22
Section 45-52-243.22 Statement of Sales and Withdrawals
Status: in_force

On or before the 20th day of each month after any tax shall have been levied under this subpart, every person upon whom the excise tax is levied shall render to the Morgan County Commission on forms prescribed by the county commission, a true and correct statement of all sales and withdrawals of gasoline made by him, her, or them during the next preceding month, liable for payment of the excise tax imposed pursuant to this subpart, and shall furnish to the Morgan County Commission such additional information as the Morgan County Commission may require upon blanks to be formulated and furnished by the Morgan County Commission, and at the time of making such report shall pay to the Morgan County Commission an amount of money equal to the excise tax levied under this subpart. The statement herein required to be made by the distributor, storer, or retail dealer shall be sworn to before some officer authorized to administer oaths, and any false statement sworn to shall constitute perjury and upon conviction thereupon the person so convicted shall be punished as provided by law for the crime of perjury.
Ala. Code § 45-16A-30.01 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-30.01
Section 45-16A-30.01 Increase to Ad Valorem Tax
Status: in_force

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

(1) AMENDMENT NO. 56. That amendment to the Constitution of Alabama of 1901, as amended, that was proposed by Act No. 383, H. 458, 1945 Session and now appears as Section 216.04 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(2) AMENDMENT NO. 373. That amendment to the Constitution of Alabama of 1901, as amended, that was proposed by Act No. 6, H. 170, 1978 Second Special Session and which now appears as Section 217 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(3) CITY. Enterprise, Alabama.

(4) COUNCIL. The Enterprise City Council.

(b) In compliance with the provisions of subsection (f) of Amendment No. 373, there is hereby approved the proposal of the City Council of the City of Enterprise in Coffee County to increase the rate of the ad valorem tax to be levied and collected annually in the city for general fund purposes for the ad valorem tax year beginning October 1, 2009, and due and payable October 1, 2010, at the rate of 7 mills (seventy cents ($.70) for each one hundred dollars ($100) worth of taxable property within the city) to 10 1/2 mills (one dollar and five cents ($1.05) on each one hundred dollars ($100) worth of taxable property within the city) in order to have funds available which may be used for general city purposes, including, but without limitation, construction of school facilities, after the expiration of the 3 1/2 mill ad valorem tax presently levied and collected pursuant to Amendment No. 56, which was approved by the council in Ordinance 2-19-85-A on February 19, 1985.

(c) The increase in the rate at which the ad valorem tax may be levied and collected pursuant to this section is subject to the approval of a majority of the qualified electors residing in the city who vote on the proposed increase at a special election called and held for that purpose pursuant to the provisions of subsection (f) of Amendment No. 373.
Ala. Code § 45-37-21.13 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-21.13
Section 45-37-21.13 Construction of Part
Status: in_force

This act is cumulative, and supplements and is in addition to Sections 28-8-1 to 28-8-8, inclusive.
Ala. Code § 45-40A-10.02 — Alabama Code / Title 45 / Chapter 40A / Section 45-40A-10.02
Section 45-40A-10.02 Television Lines or Cables
Status: in_force

The municipal corporation may construct, lease, purchase, or otherwise acquire television lines or cables for the furnishing of television service from any point in this state or any other state to the municipal corporation and surrounding territory.
Ala. Code § 45-11-81.20 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-81.20
Section 45-11-81.20 Grantee Name and Address Required
Status: in_force

(a) The Judge of Probate of Chilton County shall not receive for record or permit the recording of an instrument in which the title to real property, or of any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of, unless such an instrument has endorsed on it, printed, typewritten or stamped thereon, the grantee’s name and latest complete address.

(b) The judge of probate shall not be liable in damages or penalty for any error or mistake in the performance of the duties by this section if committed in good faith.

(c) This requirement imposed by subsection (a) shall be construed to be in addition to and supplemental to any other laws relating to the recording of any vesting instruments, conveying title or any interest to real property.
Ala. Code § 45-16-234 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-234
Section 45-16-234 Contracting of Police Services by Municipality
Status: in_force

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

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

(c) The county commission shall receive from the municipality the funds paid under the contract for police services and may expend funds for police services in the municipality, including the police jurisdiction of the municipality.

(d) Each contract between the sheriff and a municipality shall be with the consent and approval of the sheriff and the county commission.
Ala. Code § 45-49-42.08 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-42.08
Section 45-49-42.08 Health Examination
Status: in_force

Subsequent to March 20, 1981, it shall be unlawful for any masseur, masseuse, or other employee or attendant to administer massages in any massage parlor within the county without first, and within six months from the date thereof, having secured a written verification from a licensed Alabama physician that the person or employee is free of any contagious, infectious, or communicable disease, and the masseur, masseuse, or other employee or attendant of any massage parlor, at all times while on duty or working in any such massage parlor, shall have upon his or her person, the written medical verification.
Ala. Code § 45-4-241 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-241
Section 45-4-241 Expense Allowance for Secretary of Board
Status: in_force

The secretary of the Board of Equalization of Bibb County shall receive an additional expense allowance in the amount of two hundred dollars ($200) per month to be paid out of the county general fund. The expense allowance provided for in this section shall be in addition to any and all other compensation, salary, and expense allowances provided for by law.
Ala. Code § 45-5-50 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-50
Section 45-5-50 Office Abolished
Status: in_force

In Blount County, effective at the end of the current term of office, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished.
Ala. Code § 45-17-82 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-82
Section 45-17-82 Creation of Division; Powers and Duties
Status: in_force

(a) There is hereby created within the probate judge’s office of Colbert County a license division which shall issue all licenses issued through the probate judge’s office, except marriage licenses. The county commission shall furnish suitable quarters and provide the necessary forms, books, stationery, records, equipment, and supplies, except such stationery forms and supplies as are furnished pursuant to law by the State Department of Finance or the state Comptroller. The county commission shall also provide such clerks, and other assistants for the probate judge as shall be necessary from time to time for the proper and efficient performance of the duties of the office. The probate judge shall have authority to employ such clerks, and other assistants, and to fix their compensation; however, the number and compensation of such clerks and other assistants shall be subject to the approval of the county commission. The compensation of the clerks and assistants shall be paid monthly out of the general fund of the county in the same manner as other county employees are paid.

(b) The probate judge shall perform all duties relating to the assessment and collection of taxes on motor vehicles in the county, which have heretofore been performed by the tax assessor and tax collector. The Tax Assessor and the Tax Collector of Colbert County are hereby relieved of all duties and responsibilities relative to the assessment and collection of taxes on such motor vehicles. The probate judge shall receive the commissions and fees now allowed the assessor and collector for performing these functions, and such fees and commissions shall be remitted to the county general fund. Reporting and remitting of such tax shall be made at the same time as other reports and remittances are now made by the probate judge.

(c) The probate judge shall keep at all times an accurate record of all licenses received by him or her from the state Comptroller and of the disposition made of them, of all monies received, and of the licenses issued by him or her. The probate judge shall report to the state Comptroller at the same time and in the same manner that the judges of probate are required to do under the general law. All unissued licenses and the stubs or duplicates or carbon copies of licenses issued shall be accounted for in the same manner that judges of probate are required to account for by law.

(d) Except as hereinafter provided, the probate judge shall be entitled to charge and collect the same fees that are provided for by law. For the performance of duties relative to the recording of the transfer of the ownership of motor vehicles as prescribed by general law, the probate judge shall charge and collect a fee of one dollar ($1). All such fees shall be the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake of fact or law shall be made under the conditions and in the manner prescribed by general law.

(e) To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for assessment and collection of taxes due on same, no licenses shall be issued to operate motor vehicles on the public highways of this state, nor shall any transfer be made by the probate judge until the ad valorem tax on such vehicles shall have been paid to the county for the preceding year as evidenced by receipt from the judge. Every person, firm, or corporation driving or owning a motor vehicle who desires to operate a motor vehicle on the public highways of Alabama shall first return such motor vehicle for ad valorem taxation purposes to the probate judge who shall issue a certificate of assessment on a form prescribed by the State Department of Revenue, shall collect the taxes shown thereon, and shall make a duplicate of the tax receipt and keep same on file in the office of the judge of probate. The license tag shall be evidence of the payment of the license and ad valorem tax due as provided under this section.

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

(g) The probate judge may mail an application for renewal of licenses to whom such license has been previously issued, such renewal forms required to be returned prior to the expiration date of the license. Such renewal forms may be in post card form and with sufficient information thereon to adequately identify and process such renewal. The signature of the licensee thereon and proper remittance shall constitute sufficient authority for the probate judge to issue such license and return to the licensee by mail. There is hereby established a fee to be entitled “mail order fee” which shall be set from time to time by the county governing body to pay the cost of the mailing procedure herein provided, and such fee shall be collected by the probate judge at the time of issuance and paid over to the general fund of the county as are other fees and commissions.
Ala. Code § 45-5-83 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-83
Section 45-5-83 Investigators
Status: in_force

(a) In Blount County, the district attorney for the Forty-first Judicial Circuit may appoint, with the concurrence of the county governing body, an investigator for the office who shall serve at the pleasure of the district attorney. The investigator shall be responsible to the district attorney and shall perform all duties assigned by the district attorney.

(b) The investigator authorized by this section shall have the same authority and powers vested in deputy sheriffs and all other law enforcement officers of this state, including the power of arrest, and in addition thereto, he or she may administer oaths and take testimony.

(c) Compensation of the investigator shall be a minimum of twenty-two thousand dollars ($22,000) per year. The salary shall be set by the district attorney with the approval of the county commission and shall be paid from any funds available for the operation of the office of the district attorney.

(d) Equipment and supplies for the investigator and other expenses of the investigator shall be paid for in the same manner as paid for other employees in the office of the district attorney.
Ala. Code § 45-49-102.28 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-102.28
Section 45-49-102.28 Fiscal Duties of Principal
Status: in_force

The principal of each school in a pilot program shall be responsible for the collection and allocation of all sums and monies as determined by the school council.
Ala. Code § 45-57-202.26 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-202.26
Section 45-57-202.26 Collection of Ad Valorem Taxes on Motor Vehicles
Status: in_force

All duties required by law of the Judge of Probate, License Inspector, Tax Assessor, and Tax Collector of Russell County, with reference to the licensing, the assessment, and the collection of ad valorem taxes on automobiles, trucks, or other motor vehicles, shall be performed and exercised by the commissioner of the motor vehicle license division; and the tax assessor, Judge of Probate, license inspector, and tax collector of the county are relieved of all duties and responsibilities in reference thereto. The state Department of Revenue shall furnish the commissioner of the motor vehicle license division all forms and blanks necessary for the licensing, the assessment and the collection of taxes.
Ala. Code § 45-47-245.05 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-245.05
Section 45-47-245.05 Disposition of Funds
Status: in_force

(a) The proceeds from the tax hereby levied, less the actual costs of collection not to exceed 10 per centum, shall be paid by the State Department of Revenue to the Marion County Commission to be deposited in two separate accounts to the credit of either the Marion County Water Coordinating and Fire Prevention Authority or the Marion County Volunteer Fire and Rescue Association as follows:

(1) Sixty percent to the Marion County Water Coordinating and Fire Prevention Authority.

(2) Forty percent to the Marion County Volunteer Fire and Rescue Association, to be divided as follows:

a. Thirty percent of the total net proceeds to the Marion County Firefighters Association.

b. Ten percent of the total net proceeds to rescue squad associations.

c. Any portion of the net proceeds held and not distributed to public licensed ambulance services before August 1, 2023, shall be distributed to the Marion County Firefighters Association.

(b) The Marion County Volunteer Fire and Rescue Association may adopt rules having the force and effect of law for the distribution of the funds under subdivision (a)(2).

(c) Distribution shall be made by the Marion County Commission to the separate accounts upon written request of the chair of the respective Marion County Water Coordinating and Fire Prevention Authority and the Marion County Volunteer Fire and Rescue Association. The written request shall be submitted to the Marion County Commission and shall become a permanent part of the minutes of the commission. A copy of the written request shall be retained by the requesting authority or association to be entered in their permanent records.
Ala. Code § 45-57A-63.210 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.210
Section 45-57A-63.210 Effect on Existing Law
Status: in_force

All laws and parts of laws, general, local, or special, relating to or affecting the city, its powers, functions, duties, and property, in force on March 4, 1977, are hereby continued in effect; but all such laws relating to the exercise of powers, functions, and duties by the commission or mayor-council or some other form of government shall be superseded to the extent that the same are inconsistent with this part.
Ala. Code § 45-34-82.14 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-82.14
Section 45-34-82.14 Advisory Board
Status: in_force

The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance of individuals or administration of the program regardless of the board’s views. It shall be the district attorney’s decision who will comprise the board and when or if it should meet.
Ala. Code § 45-18-90.05 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-90.05
Section 45-18-90.05 Contribution of Funds; Taxation
Status: in_force

The Conecuh County Commission and the municipalities located within Conecuh County may contribute money to the authority, without the necessity of an election and with or without consideration therefor. Money held by the authority, its property, income, revenues, and the income from its bonds and notes, and funds received from conveyances, leases, and mortgages and deeds of trust to which the authority is a party, and certain probate court charges are exempt from taxation in Alabama.
Ala. Code § 45-38-71 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-71
Section 45-38-71 Authorization to Perform Work or Services on Private Property; County Policy; Contracts
Status: in_force

(a) The Lamar County Commission is hereby authorized and empowered, within Lamar County, to go upon private property and perform work or services for churches or individuals, and to sell materials to churches, schools, individuals, and nonprofit associations or corporations.

(b) It is the intent of this section to make available to the citizens of Lamar County services only when such services are not reasonably available to them at a reasonable cost from private enterprise. Upon May 6, 1980, and during the month of January each year thereafter, the county commission shall investigate the availability of work, services, and material from private enterprise in the various areas of Lamar County and shall enter upon the minutes of the county commission the results of such investigation. The county commission shall thereafter adopt a written policy governing the doing of such work or services and the sale of such material. The policy shall include a description of the work and services which will be performed and the materials to be sold and a limitation upon the areas in which work or services will be performed and in which materials will be sold to those areas in which such work, services, or materials are not reasonably available at a reasonable cost from private enterprise. The policy shall include a provision that such work, services, or materials are available to all citizens of Lamar County where such work, services, or materials are not reasonably available from private enterprise at a reasonable cost. The written policy adopted by the county commission shall be published annually in a newspaper of general circulation in Lamar County in the type normally used for news stories.

(c) No work may be done by the Lamar County Commission upon private property unless the county commission has no present need for the use for public county purposes of the personnel and equipment necessary to perform such work and unless the county commission is justly compensated for work or services performed and for the materials used or sold. In determining just compensation for work or services performed and for materials used or sold, all indirect costs including, but not limited to, overhead, management, and depreciation shall be included.

(d) Before any work or services are performed on private property or material is sold to churches, schools, individuals, or nonprofit associations or corporations, a written contract shall be signed by the party for whom the work or services are to be performed, or to whom the material is to be sold, stating the work to be done or material sold, the amount to be paid for such work or services or materials, or the rate by which the amount to be paid for such work, services, or materials will be computed. The work or services performed shall be paid for at the time it is completed and any material delivered shall be paid for at the time the material is delivered. The name of each church, school, individual, or nonprofit association or corporation for whom work or services are performed or to whom material is delivered shall be entered upon the permanent minutes of the Lamar County Commission at its next regular meeting following the completion of the work or the delivery of the material, along with a description of the work performed or material delivered and a statement of the price paid to the county for the work performed or material sold.
Ala. Code § 45-9-170 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-170
Section 45-9-170 Regulation of Junkyards; Public Nuisances; Enforcement
Status: in_force

(a) The regulation of the accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated areas of Chambers County, and licensing the operation of junkyards within the unincorporated areas of Chambers County is hereby declared to be in the public interest and necessary to promote the public safety, health, welfare, convenience, and enjoyment of public travel; to protect the public investment in public highways; to preserve and enhance the scenic beauty of lands and the environment; and to promote the conservation of natural mineral resources by encouraging recycling. The Legislature finds and declares that within the unincorporated areas of Chambers County the accumulation and storage of junk, inoperable motor vehicles, other litter, and the operation of junkyards, any of which do not conform to the requirements of this section, are a public nuisance.

(b)(1) It is unlawful and constitutes a public nuisance for the owner or other person in charge or in control of a building, lot, junkyard, or other premises, within the unincorporated territory of Chambers County to fail to keep the lot, junkyard, or premises clean and fee from garbage, refuse, litter, junk, debris, salvaged materials, household furniture, trash, used motor vehicle tires, inoperable motor vehicles, kitchen, and other household appliances, rags, paper, cardboard, and other non-decorative matter, including any materials within which water may accumulate or which may shelter or encourage the growth of insects or rodents, or materials which generate obnoxious odors, or which offend the esthetics of the community, and which thereby cause a substantial diminution in the value of other property nearby or which threaten the health and safety of any citizen.

(2) This section shall not apply to any company, corporation, or business currently operating, whose primary purpose of business is to burn or incinerate wood materials, salvage materials, building refuse, waste products, timber stumps, trees, or brush and other debris that results from clearing land, cutting timber, or refurbishing or constructing buildings. This section shall not apply to farm buildings or farm equipment and farm materials stored around farm buildings on a farm.

(c)(1) Except as provided in subdivision (2), it is unlawful and constitutes a public nuisance for any person to park, leave, or store upon any place or premises in public view within the unincorporated territory of Chambers County more than one motor vehicle which is not currently and validly registered and tagged as required by state law.

(2) Subdivision (1) shall not apply to a licensed business if the parking, leaving, or storing of the motor vehicle is reasonably necessary in the operation of the business, directly or indirectly.

(d)(1) No person shall establish, operate, or maintain a junkyard containing any items listed in subsection (b), but not limited to those items, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any highway, without obtaining a county license to do so from the county commission through the Chambers County License Commissioner or other like official. No license shall be granted except for those junkyards which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the highway or any adjoining real property. The operation of an unlicensed junkyard required to be licensed pursuant to this subsection constitutes a public nuisance.

(2) The county commission shall adopt regulations and requirements for issuing licenses for the operation of junkyards within the limits defined in this section, and may revoke the licenses at any time the junkyard fails to conform to the requirements of this section, and shall charge a license fee of not more than one thousand dollars ($1,000), and not less than one hundred dollars ($100) payable each fiscal year. The license fee shall be in addition to the license fee required under Section 23-1-244. All licenses issued under this section shall expire on September 30 following the date of issue. Licenses shall be renewed from year to year upon payment of the fee. Proceeds from the fees shall be deposited in the general fund of the county.

(e)(1) This section shall be enforced by the Chambers County Commission or its duly authorized agent or representative. The Chambers County Commission, acting through its agents or the sheriff, may assess civil fines not more than five hundred dollars ($500) nor less than two hundred fifty dollars ($250) for operation without a license and for each violation of its regulations. An aggrieved party may request a due process hearing before the commission prior to the assessment becoming final in a manner to be provided by the commission in its regulations.

(2) The Chambers County Commission or duly authorized agent or representative may commence a court action in the name of the Chambers County Commission in the Circuit Court of Chambers County, Alabama, to abate or enjoin any public nuisances declared by this section. In any action pursuant to this subdivision, the Circuit Court of Chambers County, Alabama, may assess all costs of abating the public nuisance declared by this section including reasonable attorney’s fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance.

(f) The enforcement and licensing provisions of this section shall be operative on October 1, 2000. All persons, businesses, or legal entities engaging in any business or activity covered by this section shall have until October 1, 2000 to comply with this section.
Ala. Code § 45-37A-51.303 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.303
Section 45-37A-51.303 Civil Defense Agency
Status: in_force

For the purpose of application of the terms of the system, and for such purpose only, and except as may be hereinafter otherwise or differently provided in this and Section 45-37A-51.305, on and after September 1, 1969, the civil defense agency whose territorial jurisdiction or responsibilities include the territory of the city shall be deemed constructively a subsidiary board or department of the city during the civil defense agency’s subsequent existence, and the employees thereof in the classified service shall be deemed constructively employees of the city during all their time in the service of the civil defense agency subsequent to September 1, 1969, and thereafter the terms of the system shall be prospectively applied to such constructive employees as fully and restrictively, and with like effect, as though the civil defense agency were actually such subsidiary board or department and as through employees of the city at all times while in the service of the civil defense agency subsequent to September 1, 1969.
Ala. Code § 45-53-240.23 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-240.23
Section 45-53-240.23 Charge and Collection of Fees; Refunds
Status: in_force

Except as provided, the tax assessor may charge and collect the same fees that are provided by law for the performance of duties relative to the recording of the transfer of the ownership of motor vehicles as prescribed in this Code. The tax assessor shall charge and collect a sufficient fee to cover the actual reasonable cost thereof. All the fees are the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake of fact or law shall be made under the conditions and in the manner prescribed by this Code.
Ala. Code § 45-46-100 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-100
Section 45-46-100 Composition of Board; Districts
Status: in_force

(a) The Board of Education of Marengo County shall consist of five members.

(b) The five members of the Board of Education of Marengo County shall each represent a separate district as these districts were constituted on January 1, 1996.

(c) At the annual meeting, the Board of Education of Marengo County shall elect one of its members to serve as president. The president shall be the presiding officer of the board, and shall have the same rights, privileges, powers, and authority and shall perform the same duties, take the same oath, and receive the same compensation as the other members of the board. In addition, the president shall have all the power and authority and perform all of the duties now or hereafter required of the president of county boards of education pursuant to the general laws of the state.

(d) The members of the board representing District 1 and District 2 shall be elected at the general election in 1996 for terms of four years and at the general election in 2000, and every six years thereafter, for terms of six years. The members of the board representing District 3, District 4, and District 5 shall be elected at the general election in 1998 with one member, selected by the board by lot, to serve for a term of four years and the two remaining members to serve for terms of six years. Thereafter, the members of the board representing District 3, District 4, and District 5 shall be elected every six years for terms of six years. The members of the board shall assume office on the first Monday after the second Tuesday in January next after their election and shall serve until their successors have been elected and have qualified. All the incumbent members of the board shall continue in office until the expiration of the term for which they were elected.

(e) At its annual meeting, the Board of Education of Marengo County shall elect one of its members to serve as vice-president.

(f) The Board of Education of Marengo County, elected as herein provided, shall have, exercise, and enjoy all of the rights, powers, privileges, and authority which are now, or which may be hereafter, conferred on county boards of education under the general laws of Alabama; and all laws now in force or hereinafter enacted applicable to or governing county boards of education in Alabama shall apply to and govern and control the board elected under this section, except insofar as they are or may be inconsistent with or contrary to this section.

(g) Each member of the Marengo County Board of Education shall receive a monthly expense allowance of three hundred dollars ($300). The expense allowance shall be in addition to all other compensation, salary, or expense allowance heretofore provided by law.
Ala. Code § 45-31-120.10 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-120.10
Section 45-31-120.10 Temporary Appointment
Status: in_force

Pending the availability of a list of names certified as provided in Section 45-31-120.12, positions may be filled by temporary appointment. The personnel board may grant permanent status in a position in the classified service so long as such position remains in the classified service, to any employee who has served in a vacancy in a position then in the classified service by temporary appointment for at least 12 months and who has passed his or her examination, if at the time of such action by the personnel board no such list of names has been so certified for the vacancy in which the employee is serving.
Ala. Code § 45-23A-91.09 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.09
Section 45-23A-91.09 Bonds of Authority
Status: in_force

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

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

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

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

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

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

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

(f) Eligibility for investment. Bonds of the authority are hereby made legal investments for executors, administrators, trustees, and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary’s authority, and for savings banks and insurance companies organized under the laws of the state.
Ala. Code § 45-49-181.04 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-181.04
Section 45-49-181.04 Sequence Dates
Status: in_force

The following sequence dates shall apply to this part:

(1) January: Petitions for road maintenance may be accepted by the county commission only during the month of January.

(2) February: Petitions forwarded to the county engineer for analysis and recommendations.

(3) March: On or before the last day of the month of March, the county engineer shall submit a prioritized list of roads submitted by petition to the county commission.

(4) April: On or before the last day of the month of April, the county commission shall designate those roads which will be considered for addition to the county road maintenance system.

(5) May: Prior to or during the first regular commission meeting in the month of May, the county commission shall assign consultants to prepare surveys, construction plans, and deed and easement documents.

(6) July: The consultant designated by the commission shall have until the last day of July to prepare right-of-way deed and easement documents, as required. On or prior to the last day of the month of July, the county engineer shall notify the chair for each petition selected by the commission that the right-of-way deed and easement documents are prepared and request that the chair begin work toward the execution of the documents.

(7) August: The consultant designated by the commission shall have until the last day of August to complete the design of the roadway improvements and the associated drainage improvements. On or prior to the last day of August, the county engineer shall notify the chair for each petition that the construction plans for the roadway have been completed and are ready for use in coordinating the relocation of utilities and the relocation of fences. The chair processes the right-of-way deed and easement documents and coordinates activities with the property owners.

(8) September: On or prior to the last day of the month of September, all right-of-way deed and easement documents shall be executed and returned to the county engineer by the chair.

(9) October: The chair shall work on the coordination of utility relocations and the collection of funds from the individual property owners for the purchase of driveway culvert pipe.

(10) November: On or prior to the last day of the month of November, the chair shall have reported to the county engineer that all utility relocations have been completed, that all fences have been relocated, and that all the funds have been collected and delivered for the purchase of all of the required driveway culvert pipe to the county engineer’s office. The county shall deposit the delivered funds for the purchase of driveway culvert pipe into an escrow account for this road improvement.

(11) December: On or prior to the last day of the month of December, the county commission shall accept those roads on which the chair has met all the requirements set out in this part at an official county commission meeting and instruct the county engineer to place the roads on the county road maintenance system.
Ala. Code § 45-9-20 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-20
Section 45-9-20 Prohibited Activities at Licensed Establishments
Status: in_force

(a) The Legislature finds that nudity, sexual conduct, and the depiction or simulation thereof in conjunction with the furnishing of alcoholic beverages in public places is contrary to the safety, health, and morals of the inhabitants of Chambers County, Alabama, and is desirous of prohibiting such conduct. This section is therefore enacted pursuant to the authority granted in Article IV. Section 104 of the Constitution of Alabama of 1901, that allows local legislation to regulate or prohibit alcoholic beverage traffic and as otherwise granted in the Constitution of Alabama of 1901.

(b) The following words, terms, and phrases as used herein shall have the meanings ascribed to them in this section except where the context clearly otherwise requires:

(1) “Person” shall mean any natural person, firm, association, joint venture, partnership, corporation, or any other entity.

(2) “Licensed establishment” shall mean any business operating pursuant to a license issued by the Alabama Alcoholic Beverage Control Board within an unincorporated area of Chambers County, Alabama, which sells, serves, or dispenses alcoholic beverages or otherwise allows the consumption of alcoholic beverages on the premises.

(c) The following types of entertainment, attire, and conduct are prohibited upon any premises, of a licensed establishment, within the unincorporated area of Chambers County.

(1) The employment or use of any person, in any capacity, in the sale or service of alcoholic beverages while such person is unclothed or in such attire, costume, or clothing, as to expose to view any portion of the female breast below the top of the areola, or of any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva, or genitals.

(2) Live entertainment where any person appears in the manner described in subdivision (1) or where such persons perform, or person performs, acts of or acts which simulate any of the following:

a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act which is prohibited by law.

b. The caressing or fondling of the breast, buttocks, anus, or genitals.

c. The displaying of the male or female pubic hair, anus, vulva, or genitals.

(3) The holding, promotion, sponsoring, or allowance of any contest, promotion, special night, event, or any other activity where patrons of the licensed establishment are encouraged or allowed to engage in any of the conduct described in subdivisions (1) and (2); provided, however, that nothing contained in this subsection shall apply to the premises of any performance house, museum, or theater which derives less than 20 percent of its gross annual income from the sale of alcoholic beverages.

(d) Any licensed establishment which knowingly allows any person to violate any provision of this section on the licensed establishment’s premises shall be subject to being prosecuted and punished under the general statutes of this state as if the violator were operating without a valid Alcoholic Beverage Control Board license.
Ala. Code § 45-57-150.11 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.11
Section 45-57-150.11 Permit Revocation
Status: in_force

The sheriff, for good cause shown, may revoke any permit if the permit holder or any officer, director, agent, member, or employee of the permit holder violates this article or rules adopted pursuant to this article. The revocation by the sheriff shall become effective 10 days after proper notice by the sheriff to the permit holder unless within the 10–day period the permit holder makes a written request for a hearing to the county governing body. All existing rules and procedures for meetings and hearings before the county governing body of Russell County shall apply unless in direct conflict with this article. Following a full hearing and the rendering of a written decision by the county governing body, either party may appeal the decision directly to the Circuit Court of Russell County and request a trial by jury. The rendering of a decision adverse to the permit holder by the municipal governing body shall result in the immediate revocation of the subject permit.
Ala. Code § 45-51A-32.150 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.150
Section 45-51A-32.150 Purpose
Status: in_force

The Water Works and Sanitary Sewer Board of the City of Montgomery shall establish and administer its own personnel merit system based on principles of human resources management which shall include equity, fairness, and compliance with all applicable state and federal laws. This shall be a merit based personnel system which seeks to maintain high quality employee conduct, integrity, and concern for the public interest. These factors shall be the basis for all personnel decisions whether made by the human resources department, the board, or the personnel appeals board.
Ala. Code § 45-42-150.04 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-150.04
Section 45-42-150.04 Bingo Games ­ Legislative Intent; Prize Limits; Deductions for Expenses; Consulting Fees
Status: in_force

(a) It is the intention of the Legislature that only qualified organizations or qualified clubs which are properly issued permits or licenses pursuant to this article, shall be allowed to operate bingo games. A qualified organization or qualified club shall not lend its name or allow its identity to be used by any other person in operating or promoting a bingo game in which that person has a substantial financial interest.

(b) Notwithstanding anything to the contrary, with the consent of the sponsoring organization, any individual participant may use his or her personal card, but that individual is not exempt from any fees or charges.

(c) It shall be unlawful for two or more qualified organizations to pyramid the valuation of prizes in a manner to exceed the limits in cash, or gifts of equivalent value, as provided in Section 45­42­150.05.

(d) Except as otherwise provided by this article, a qualified organization or qualified club may deduct the reasonable expenses of operating and conducting its bingo games.

(e) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.
Ala. Code § 45-40-245.02 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-245.02
Section 45-40-245.02 Collection and Enforcement
Status: in_force

Any tax to be collected pursuant to this subpart shall constitute a debt due the county as provided by law. The tax, together with interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. All of the provisions of the revenue laws of this state which apply to the enforcement of liens for license taxes due this state shall apply fully to the collection of any tax collected pursuant to this subpart, and the county commission, or its designee, shall collect the tax and enforce the tax and shall have and exercise for the collection and enforcement all rights and remedies that the State of Alabama or the State Department of Revenue has for the collection of the state sales tax. The county commission shall have full authority to employ counsel, including the county attorney, as it deems necessary from time to time to enforce collection of any tax to be collected pursuant to this subpart and to otherwise enforce this subpart, including any litigation involving this subpart; and the county commission shall pay counsel fees as it deems necessary and proper from the proceeds of the tax collected hereunder.
Ala. Code § 45-4-244.46 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-244.46
Section 45-4-244.46 Application of State Statutes
Status: in_force

All existing provisions of the sales and use tax statutes, whether imposed by state statutes or local act applicable to Bibb County, with respect to the payment, assessment, and collection of the sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, adopting rules and regulations with respect to the sales and use tax, and the administration and enforcement of the sales and use taxes which are not inconsistent with this subpart shall apply to the tax levied under this subpart. The county shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this subpart as imposed by the existing sales and use tax statutes, whether imposed by state statutes or local acts applicable to the county. All provisions of the existing sales and use tax statutes that are made applicable by this subpart to the tax levied under this subpart, including any provisions for the administration and enforcement of this subpart, are incorporated by reference and made part of this subpart as if fully set forth herein.
Ala. Code § 45-28A-60 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-60
Section 45-28A-60 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

(a)(1) The voters of the City of Hokes Bluff in Etowah County may authorize the sale of alcoholic beverages within the city on Sunday by an election pursuant to this section, in the following manner:

The governing body of the City of Hokes Bluff, by resolution, may call an election for the city to determine the sentiment of the voters of the city residing within the corporate limits, as to whether or not alcoholic beverages can be legally sold or distributed on Sunday within the city.

(2) On the ballot to be used for such election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within the City of Hokes Bluff seven days a week subject to regulation by the City Council? Yes ___ No ___.”

(3) The election shall be held and the officers appointed to hold the election in the manner provided by law for holding other city elections, and the returns thereof tabulated and results certified as provided by law for municipal elections. Any Sunday sales election shall be held as provided in this section as a special election or at any subsequent city election following the date of the resolution.

(4) Notice of the election shall be given by the city council of the city by publication or by posting the notice at the city hall apprising the voters of the city, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold on Sunday. The cost of the election shall be paid out of the general fund of the city.

(5) Only qualified voters of the city may vote in the election. If a majority of the voters voting in the city election vote “Yes,” alcoholic beverages can be legally sold or dispensed within the corporate limits of the city on Sunday by licensees of the Alcoholic Beverage Control Board and the city. The city council may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverage sales.

(6) In the event the results of an election pursuant to subdivision (1) are negative, the city may call another election as provided in subdivision (1) provided the election is held at least one year after a prior election.

(b) The provisions of this section are cumulative and supplemental to the present power and authority of the City of Hokes Bluff and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the City of Hokes Bluff now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-40-236 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-236
Section 45-40-236 Methods of Service
Status: in_force

(a) In the courts of Lawrence County a subpoena requiring the attendance of a witness in any civil, criminal, or other case or proceeding, or before the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the place of residence of the witness or in the discretion of the sheriff, the sheriff may serve the same by placing a copy thereof in the United States mail, enclosing the subpoena in an envelope properly stamped and addressed to the person or witness to be served. Upon service by the sheriff upon any witness or person by any one of the foregoing methods, the sheriff shall immediately mark the process executed in the manner so served. If the subpoena so mailed is not delivered to the addressee, but is returned to the sheriff by the United States Post Office Department, then the sheriff shall immediately make a diligent effort to serve the subpoena either personally or by leaving a copy thereof at the place of residence of the witness.

(b) Anything to the contrary notwithstanding in subsection (a), any judge of any of the courts of Lawrence County having jurisdiction of the proceeding or case, on motion of any party or on the court’s own motion, may order any particular subpoena or the subpoenas in any case or proceeding to be served personally or by leaving a copy thereof at the place of residence of the witness or person or by United States registered or certified mail.
Ala. Code § 45-35A-54.10 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.10
Section 45-35A-54.10 Board of Commissioners - Conduct of Meetings
Status: in_force

The president of the board, when present, shall preside at all meetings of the board, but shall have no veto power. Three members of the board shall constitute a quorum for the transaction of all business to be done by the board, and for the exercise of any power conferred upon it; and the affirmative vote of three members of the board shall be necessary and sufficient for the passage of any resolution, bylaw, or ordinance, or for the transaction of any business of any sort by the board, or for the exercise of any of the powers conferred upon it by the terms of this part, or that may hereafter be conferred upon it.
Ala. Code § 45-40-244.03 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-244.03
Section 45-40-244.03 Cash and Credit Business
Status: in_force

Any person, corporation, partnership, firm, limited liability company, association, proprietorship, or other entity taxable under this part having a cash and credit business may report such cash business and the taxpayer shall thereafter include in each monthly report all credit collections made during the preceding month and shall pay the taxes due thereon at the time of filing such report, but in no event shall the gross proceeds of such credit business be included in the measure of tax to be paid until collections of such credit business shall have been made.
Ala. Code § 45-55-200 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-200
Section 45-55-200 Budgetary Operations of License Inspector
Status: in_force

The budgeted expenditures of the office of license inspector as determined by the Pike County Commission in its annual budget shall be financed on a pro rata share basis from the net proceeds of state, county, and municipal mobile home registration fees and permits and from the net proceeds of state and business licenses collected in the county. All proceeds from the distribution shall be used to offset expenditures in the office of the license inspector, as approved by the Pike County Commission.
Ala. Code § 45-20-172.01 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-172.01
Section 45-20-172.01 Weeds May Be Declared a Public Nuisance and Abated
Status: in_force

All weeds growing upon streets, sidewalks, or upon private property within any municipality located in Covington County, Alabama, which bear seeds of a wingy or downy nature, which attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by the governing body of the municipality and may be abated as hereinafter provided.
Ala. Code § 45-45-171.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-171.01
Section 45-45-171.01 Cremation of Deceased Indigent Person
Status: in_force

(a)(1) The Madison County Commission may provide for expenses of cremation of any deceased indigent person, if the deceased was a resident of the county prior to his or her death, died without an estate, and has no relatives residing in the county who are financially able to provide for the burial or cremation expenses of the person.

(2) The surviving spouse of the deceased person shall consent in writing to the cremation by the county.

(3) If there is no surviving spouse, any adult child of the deceased person, if the adult child resides in the county, shall consent in writing to the cremation.

(4) If there is no surviving spouse or surviving adult child of the deceased residing in the county, the agency referring the body and requesting the cremation may consent in writing to the cremation. A referring agency acting in good faith pursuant to this section shall be exempt from all civil and criminal liability regarding such action.

(5) If written consent is not received for cremation, no legal obligation is created by this section for the county to provide burial expenses.

(b) This section is cumulative and supplemental to any existing law regarding the disposal of the bodies of deceased indigent persons in Madison County.
Ala. Code § 45-1-100.01 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-100.01
Section 45-1-100.01 Superintendent of Education
Status: in_force

(a) The Autauga County Board of Education shall appoint the Superintendent of Education of Autauga County pursuant to the general law of the state. The county superintendent of education shall possess all the qualifications prescribed for a county superintendent of education by the general law of the state, shall possess all the powers granted by the general law of the state, and shall perform and discharge all the duties of a county superintendent of education prescribed by the general law of the state. The Autauga County Superintendent of Education shall receive compensation in an amount set by the Autauga County Board of Education.

(b) Vacancies in the office of Superintendent of Education of Autauga County shall be filled for the unexpired term by appointment of the Autauga County Board of Education. The compensation of an interim appointee shall be set by the county board of education and the interim appointee shall serve at the pleasure of the county board of education.

(c) This section shall apply at the expiration of the term of office of the current county superintendent of education or upon any vacancy occurring in the office of the county superintendent of education after May 23, 2019.
Ala. Code § 45-37-240.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-240.01
Section 45-37-240.01 Tax Collectors; Deputy Judges of Probate, Treasurers
Status: in_force

(a)(1) The Tax Collector of Jefferson County shall be entitled to an additional expense allowance in the amount of twelve thousand dollars ($12,000) per annum, which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) Beginning with the expiration of the term of the incumbent tax collector, the annual salary for the Tax Collector of Jefferson County shall be seventy-three thousand eight hundred dollars ($73,800) per annum, payable in equal monthly installments from the general fund of the county and at that time, subdivision (1) shall become null and void.

(b)(1) The elected Assistant Tax Collector, Bessemer Division, of Jefferson County shall be entitled to an additional expense allowance in the amount of eleven thousand twenty dollars ($11,020) per annum, which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) Beginning with the expiration of the term of the incumbent elected Assistant Tax Collector, Bessemer Division, the annual salary for the elected Assistant Tax Collector, Bessemer Division, shall be sixty-six thousand four hundred twenty dollars ($66,420) per annum, payable in equal monthly installments from the general fund of the county and at that time, subdivision (1) shall become null and void.

(c)(1) The Chief Deputy Tax Collector, Birmingham, of Jefferson County shall be entitled to an additional expense allowance in the amount of eleven thousand twenty dollars ($11,020) per annum, which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) Beginning with the expiration of the term of the incumbent Chief Deputy Tax Collector, Birmingham, the annual salary for the Chief Deputy Tax Collector, Birmingham, shall be sixty-six thousand four hundred twenty dollars ($66,420) per annum, payable in equal monthly installments from the general fund of the county and at that time, subdivision (1) shall become null and void.

(d)(1) The Chief Deputy Tax Collector, Bessemer Division, of Jefferson County shall be entitled to an additional expense allowance in the amount of nine thousand seven hundred twenty dollars ($9,720) per annum, which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) Beginning with the expiration of the term of the incumbent Chief Deputy Tax Collector, Bessemer Division, the annual salary for the Chief Deputy Tax Collector, Bessemer Division, shall be fifty-nine thousand seven hundred seventy-eight dollars ($59,778) per annum, payable in equal monthly installments from the general fund of the county and at that time, subdivision (1) shall become null and void.

(e)(1) On June 14, 2007, the Deputy Judge of Probate of the Bessemer Division of Jefferson County shall be entitled to an additional expense allowance so that the total annual compensation of the Deputy Judge of Probate, Bessemer Division, is equal to the total compensation of the Assistant Tax Collector, Bessemer Division. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) At the commencement of the next term of office, the annual salary of the Deputy Judge of Probate, Bessemer Division, shall be equal to the salary of the Assistant Tax Collector, Bessemer Division, plus any expense allowance due to cost-of-living increases being paid at the time to the Assistant Tax Collector, Bessemer Division. This salary shall be payable in equal monthly installments from the general fund of the county.

(f)(1) On June 14, 2007, the Treasurer of Jefferson County shall be entitled to an additional expense allowance in an amount to make the total annual compensation of the Treasurer of Jefferson County equal to the annual compensation of the Tax Collector of Jefferson County. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) At the commencement of the next term of office, the annual salary of the Treasurer of Jefferson County shall be equal to the annual compensation of the Tax Collector of Jefferson County plus any expense allowances due to cost-of-living increases being paid at that time to the Tax Collector of Jefferson County, payable in equal monthly installments from the general fund of the county.

(g)(1) On June 14, 2007, the Deputy Treasurer of Jefferson County, Bessemer Division, shall be entitled to an additional expense allowance so that the total annual compensation of the Deputy Treasurer of Jefferson County, Bessemer Division, is equal to 90 percent of the total compensation of the Treasurer of Jefferson County including an additional expense allowance hat is 90 percent of the expense allowance granted to the Treasurer in subdivision (1) of subsection (f). This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) At the commencement of the next term of office, the annual salary for the Deputy Treasurer, Bessemer Division, shall be equal to 90 percent of the salary of the Treasurer of Jefferson County, payable in equal monthly installments from the general fund of the county.

(h) The expense allowance increases in subsections (a) to (e), inclusive, shall be considered salary for purposes of calculating retirement contributions and benefits.

(i) Beginning with the fiscal year commencing October 1, 2007, the Jefferson County Treasurer, Deputy Treasurer, Bessemer Division, and Deputy Judge of Probate, Bessemer Division, shall be entitled to the same uniform increases, including cost-of-living increases, that are granted to county employees by the county commission at the time of approval of the county budget. The increases shall be in the same amount or percentage, as the case may be, as that amount or percentage increase provided to the employees of the county. These cost-of-living increases shall be classified as an expense allowance during any term of the official and shall be converted to salary beginning the next term of office.
Ala. Code § 45-42-140.07 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-140.07
Section 45-42-140.07 Liability of Personnel
Status: in_force

The personnel of volunteer fire departments provided for in this article shall not be considered as employees, servants, or agents of the county and the members of the county commission and the employees of the county shall not be liable in either their official capacity or in a private capacity for the actions of the personnel of volunteer fire departments.
Ala. Code § 45-41-50 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-50
Section 45-41-50 Abolition of Office
Status: in_force

In Lee County, effective at the end of the current term of office, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished.
Ala. Code § 45-35-150.04 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-150.04
Section 45-35-150.04 Bingo Games - Legislative Intent; Prize Limits; Deductions for Expenses; Consulting Fee
Status: in_force

(a) It is the intention of the Legislature that only qualified organizations or qualified clubs which are properly issued permits pursuant to this article or resolution of the Houston County Commission shall be allowed to operate bingo games. A qualified organization or qualified club shall not lend its name or allow its identity to be used by any other person in operating or promoting a bingo game in which the other person has a financial interest.

(b) All bingo cards shall be clearly marked with the name of the qualified organization using the cards and it shall be unlawful for one qualified organization or qualified club to use cards owned by another. Notwithstanding anything to the contrary, with the consent of the sponsoring organization, any individual participant may use his or her personal card, but that individual is not exempt from any fees or charges.

(c) It shall be unlawful for two or more qualified organizations to pyramid the valuation of prizes in a manner to exceed the limits in cash or gifts of equivalent value, as provided in Section 45-35-150.07. The term equivalent value shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.

(d) Except as otherwise provided by this article, a qualified organization or qualified club may deduct the reasonable expenses of operating and conducting its bingo games. Reasonable expenses shall be defined as including customary and usual business overhead expenses and as specified in Section 45-35-150.06.

(e) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.
Ala. Code § 45-25-260 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-260
Section 45-25-260 Applicability
Status: in_force

This part shall only apply in DeKalb County.
Ala. Code § 45-8-173.04 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-173.04
Section 45-8-173.04 Charge of Other Fees
Status: in_force

The judge of probate shall continue to charge any filing or recording fee or any other fee provided by law for matters not covered by this part.
Ala. Code § 45-32-83.40 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-83.40
Section 45-32-83.40 Assessment and Collection of Taxes; Issuance of Tags and Titles, Etc
Status: in_force

(a) The Judge of Probate of Greene County shall perform all duties relative to the assessment and collection of taxes on motor vehicles, and the issuance of motor vehicle tags and titles in Greene County which the revenue commissioner, tax assessor, and tax collector are required under the law to perform. The judge of probate shall continue to perform the issuance of tags and the collection of sales tax as required by law. The tax assessor and tax collector shall be relieved of all duties and responsibilities relative to the assessment and collection of taxes on motor vehicles. For the purposes of this section, the term motor vehicle shall mean the same as defined in Article 5, commencing with Section 40–12–240, of Chapter 12, Title 40, and in subdivision (4) of Section 32–7–2.

(b) Before entering upon the additional duties imposed by this section, the judge of probate shall execute an additional bond in a sum prescribed by a written recommendation to the judge of probate from the Department of Examiners of Public Accounts, giving as surety a bonding company authorized to do business in this state. The bond shall be conditioned as other official bonds and shall be filed and recorded in the office of the Clerk of the Circuit Court in Greene County. A certified copy of the bond shall be furnished by the judge of probate to the Comptroller. Premiums on the bond of the judge of probate shall be paid from the general fund of the county.

(c) The Greene County Commission shall furnish suitable quarters or additional space if necessary for the efficient performance of the additional duties of the judge of probate and shall transfer all necessary forms, books, records, and supplies from the office of the revenue commissioner to the judge of probate as are pertinent to the transference of the duties. The county commission shall provide for employees of the judge of probate for the proper and efficient performance of the duties of the office at the rate of compensation set by the county commission. The compensation of the employees shall be paid out of the county general fund in the same manner as other county employees are paid.

(d) The judge of probate shall charge and collect the same fee that is prescribed in the general law for a like service when performed by the tax assessor, tax collector, revenue commissioner, or license commissioner as the case may be. All fees shall be the property of Greene County and shall be paid into the general fund of the county.

(e) The judge of probate shall receive for the performance of duties in assessment and collection of ad valorem taxes, sales taxes, and issuance of motor vehicle license plates and decals the commissions and fees previously allowed to the tax assessor and tax collector for performing these duties.

(f) To prevent motor vehicles from escaping taxation and to provide for the more efficient assessment and collection of taxes due on motor vehicles, no license shall be issued to operate a motor vehicle on the public highways of this state, nor shall any transfer be made by the judge of probate as provided under this section, until the ad valorem tax and the sales tax on the vehicle are paid in the county for the preceding year as evidenced by receipt of the judge of probate if the motor vehicle belongs to a resident of Greene County or is principally used or operated in Greene County.

(g) The judge of probate may mail to any person to whom a motor vehicle license has been previously issued an application for renewal of a license required to be returned prior to the expiration date of the license. The application for renewal may be in the form of a postcard and shall contain sufficient information to adequately identify and process the renewal. The signature of the licensee on the application and proper remittance shall constitute sufficient authority for the judge of probate to issue the license and return the license to the licensee by mail. The county commission may establish a fee to be entitled mail order fee in an amount not to exceed five dollars ($5) to pay the cost of this mailing procedure. The fee shall be collected by the judge of probate at the time of issuance and paid over to the general fund of the county as are other fees and commissions.

(h) Notwithstanding the foregoing, nothing in this section shall be construed to increase the taxes and fees of motor vehicles and motor vehicle tags and titles as prescribed by law.
Ala. Code § 45-4-110 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-110
Section 45-4-110 Compensation
Status: in_force

In Bibb County each member of the board of registrars shall receive an additional ten dollars ($10) per day for each day’s attendance of the sessions of the board. Such compensation shall be in addition to any and all compensation for such members and shall be payable from the county general fund in the same manner as all other compensation therefor.
Ala. Code § 45-41A-10.04 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.04
Section 45-41A-10.04 Incorporation Procedures; Contents and Execution of Certificate
Status: in_force

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

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

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

(2) The name of the authority which shall be the Auburn Downtown Redevelopment Authority.

(3) The period for the duration of the authority, if the duration is to be perpetual, subject to Section 45-41A-10.19 that fact shall be stated.

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

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

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

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

(c) The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds. When the certificate of incorporation is filed for record, there shall be attached to it a copy of the application as filed with the governing body of the city in accordance with Section 45-41A-10.03, and a certified copy of the authorizing resolution adopted by the governing body of the city. Upon the filing for record of the certificate of incorporation and the documents required by the preceding sentence to be attached thereto, the authority shall come into existence and shall constitute a public corporation under the name set forth in the certificate of incorporation. The judge of probate shall thereupon send a notice to the Secretary of State that the certificate of incorporation of the authority has been filed for record.
Ala. Code § 45-8A-112.14 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-112.14
Section 45-8A-112.14 Political Activity
Status: in_force

No employee shall assist any candidate for nomination or election to public office while on duty with the city. No employee shall receive any appointment or advancement because of his or her support of a candidate for office or a political party; nor shall he or she be dismissed, suspended, or reduced in rank or pay because of his or her failure to support any candidate for political office.
Ala. Code § 45-35A-51.21 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.21
Section 45-35A-51.21 Suspensions
Status: in_force

An appointing authority, from time to time, may suspend an employee without pay or other compensation as punishment for improper behavior, but no employee may be suspended for a period or periods within the aggregate of more that 30 days in any year’s service. A suspension may be effected by serving written notice upon the employee together with a statement clearly setting forth the causes thereof; a copy of which shall be forthwith mailed or delivered to the director. The suspended employee may file with the board and the appointing authority a written answer or explanation of the assigned charges and such answer shall be preserved as a part of the public record and the board, for cause shown, may set aside such suspension order.
Ala. Code § 45-51-230.02 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-230.02
Section 45-51-230.02 Employment of Police Officers by Baptist Medical Center; Powers and Duties; Jurisdiction
Status: in_force

(a) The following terms shall have the following meanings, respectively:

(1) BAPTIST. Baptist Medical Center that is located on that certain 25 acre site in the southeast section of Montgomery and that is an Alabama nonprofit corporation and an affiliate of Baptist Health Services Corporation.

(2) POLICE OFFICER. Any Peace Officers’ Standards and Training Commission (P.O.S.T.C.) certified police officer appointed by Baptist pursuant to subsection (c).

(b) It is the intent of the Legislature to provide for the employment of police officers by Baptist Medical Center in order to protect Baptist from intruders and trespassers, to prevent damage to the properties and grounds of Baptist, and to provide for the safety of patients and employees of Baptist. The police officers shall be vested with powers similar to the powers vested in university police.

(c) The president, as chief executive officer of Baptist, shall have the authority to appoint and employ one or more suitable persons to act as police officers to protect Baptist from intruders and trespassers, to prevent damage to the properties and grounds of Baptist, and to provide for the safety of patients and employees of Baptist. The authority of any person appointed as police officer shall immediately cease when the person ceases to be an agent, servant, or employee of Baptist.

(d) Any police officer appointed pursuant to subsection (c) shall be charged with all the powers of state or municipal police officers including, but not limited to, the right to bear firearms. The police officers may do any of the following:

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

(2) Without a warrant, arrest a person who is engaging in disorderly conduct, trespassing upon the property of Baptist, or committing any public offense in the presence of the police officers on Baptist Medical Center property, and carry the person before the proper court and, upon proper affidavit, charge the person with committing the offense and the person so arrested may be tried and convicted as in cases of persons brought before the court on the warrant of the court.

(3) Arrest any person pursuant to a warrant who is on the premises of Baptist and is charged with any public offense and take the person before the proper officer.

(e) The powers of police officers appointed pursuant to this section may be exercised only upon the premises of Baptist; and a police officer shall not otherwise act as a police officer while off the premises of Baptist, except under either of the following conditions:

(1) When in appropriate nonvehicular pursuit off campus of any offender or suspected offender who is charged with the commission of a crime while on the premises of Baptist.

(2) To make lawful arrests for crimes committed, or for which there is probable cause to believe have been committed, within the presence of the police officer or within the boundaries of the property owned or operated by Baptist.
Ala. Code § 45-39-233.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-233.01
Section 45-39-233.01 Service of Process; Fees
Status: in_force

(a) The Sheriff of Lauderdale County, except for warrants for arrest, may contract with or enter into contract or agreement with a private, public, or governmental entity for the purpose of service of process. Nothing in this section should be construed as conflicting with Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure.

(b)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of Lauderdale County shall increase the fees by twelve dollars fifty cents ($12.50) per document personally served by the sheriff’s office, or its designee. For purposes of this section, the term document shall include multiple papers served on a party or entity at one time. The court costs imposed by this section may be taxed as costs to any party to the action by the judge in the case.

(2) The court official designated in Lauderdale County by law for the respective courts shall collect the additional service of process fee designated in subdivision (1) and remit the fees collected to the sheriff for deposit in the Sheriff’s Civil Process Fund, which shall be established in the county treasury and shall be expended for law enforcement purposes.

(c) The sheriff may use the monies generated by this section for law enforcement purposes in Lauderdale County, including contracting with or entering into a contract or agreement with a private, public, or governmental entity for service of process of documents from the civil or criminal division of the district or circuit court.
Ala. Code § 45-35A-51.12 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-51.12
Section 45-35A-51.12 Tests
Status: in_force

(a) General. The director shall prepare and conduct tests for the purpose of enabling him or her to establish employment registers for the various classes of positions in the classified service. The tests shall be prepared and conducted so as to take into consideration elements of character, reputation, education, aptitude, experience, knowledge, physical fitness, and other pertinent matters. Such tests may be given in writing, orally, or in any other manner which will enable the director to determine the fitness of the applicant for acceptance into some class of position in the classified service. Public notice of the time, place, and general scope of every test shall be given by the director. Promotional tests shall be conducted in like manner and embrace the same subject matter as initial tests for similar classified employment. Admissions to test shall be open to all persons who reasonably appear to the director to possess the required qualifications, may be lawfully appointed to a position in the class for which a list is to be established, and pays the fees, if any, prescribed by the rules. The director, however, may reject the application of any person for admission to test, or may strike the name of any person from a list, or refuse to certify the name of a person on a list for a position, if he or she finds that such person: (1) lacks any of the required qualifications; (2) is physically unfit to perform any of the duties of the position in which he or she seeks employment; (3) is addicted to the habitual use of drugs or intoxicating liquors; (4) has been convicted of any crime involving moral turpitude; (5) has been dismissed from public services for delinquency; (6) has made a false statement of a material fact pertaining to his or her qualifications and service; and (7) practiced or attempted to practice any fraud or deception in his or her application or test, or in attempting to secure appointment. The names of persons employed by the city on May 14, 1992, shall be placed on the employment roster without rating, and they shall be subject to all the provisions of this part, except a certificate from the city commission that any employee of the city has been employed in the same line of service for a period of two years and that such employee has rendered satisfactory service to the city shall relieve such person of taking any test authorized by this part, to continue to hold such position provided such employee is otherwise qualified.

(b) Veteran. Upon successfully passing an entrance examination for a position in the classified service, five-point preference is given to honorably separated veterans who served on active duty in the Armed Forces of the United States during any war (the official dates of war service are April 6, 1917-July 2, 1921, and December 7, 1941-April 28, 1952); during the period April 28, 1952, through July 1, 1955; in any campaign or expedition for which a campaign badge or service medal has been authorized; for more than 180 consecutive days, any part of which occurred after January 31, 1955, and before October 15, 1976. (An initial period of active duty of training under the six-month Reserve or National Guard programs does not count.) Ten-point preference is given to veterans who served on active duty in the armed forces at any time, and who have a service-connected disability or are receiving compensation, disability retirement benefits, or pension under laws administered by the Veterans Administration, Army, Navy, Air Force, Coast Guard, or Marine Corps. A veteran who has been awarded the Purple Heart for wounds received in action is considered to have a service-connected disability.
Ala. Code § 45-30-231.01 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-231.01
Section 45-30-231.01 Jail Store
Status: in_force

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

(b)(1) The sheriff shall establish and maintain a Law Enforcement Commissary Fund in a bank located in Franklin County selected by the sheriff. All proceeds collected under this section shall be deposited by the sheriff into the Law Enforcement Commissary Fund.

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

(c) All profits realized in the operation of the jail store shall be expended at the discretion of the sheriff for law enforcement purposes in Franklin County that are in the interest of the public as the sheriff sees fit.

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

(e) Any actions relating to the operation of a jail store in the county jail prior to March 7, 2006, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store in the county prior to March 7, 2006, shall be deposited into the Law Enforcement Commissary Fund created by this section.
Ala. Code § 45-16A-40.08 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.08
Section 45-16A-40.08 Fees; Records of Adjudication of Civil Violation
Status: in_force

The town may provide by ordinance that a late fee not exceeding twenty-five dollars ($25) shall be attached to untimely paid civil fines that are authorized in this subpart. No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. No record of an adjudication of civil violation made under this subpart shall be listed, entered, or reported on any criminal record or driving record, whether the record is maintained by the town or an outside agency. An adjudication of a civil violation provided for in this subpart shall not be considered a conviction for any purpose, shall not be used to increase or enhance punishment for any subsequent offense of a criminal nature, shall not be considered a moving violation, and shall not be used by any insurance company to determine or affect premiums or rates unless an accident occurred due to the violation. The fact that a person is held liable or responsible for a civil fine for a speeding violation shall not be used as evidence that the person was guilty of negligence or other culpable conduct, and any evidence generated by an automated photographic speeding enforcement system may only be used as evidence in other proceedings if it is or becomes admissible under the rules of evidence applicable therein.
Ala. Code § 45-3-171.10 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-171.10
Section 45-3-171.10 Entry of Municipal Employees and Agents on Property to Abate Nuisance; Abatement by Private Contractor
Status: in_force

If the nuisance on the property has not been abated within 14 days after the city governing body’s resolution, the major of the city shall order the nuisance to be abated. The abatement may be accomplished, at the option of the city, by its own forces or by contract. Compliance with the competitive bid laws shall not be required. All city employees and duly authorized agents are expressly authorized to enter private property for the purpose of abating the nuisance thereon.
Ala. Code § 45-37A-56 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56
Section 45-37A-56 Zoning Board of Adjustment
Status: in_force

(a) The governing body of any city which may now or hereafter have a population of 300,000 inhabitants or more, according to the last or any subsequent federal census and which may now or hereafter have in force and effect a comprehensive zoning ordinance shall provide for the appointment of a zoning board of adjustment and in the zoning regulations and restrictions adopted by the city pursuant to the authority of the laws of this state, provide that the zoning board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, shall make special exceptions to the terms of the zoning ordinance of the city in harmony with its general purpose and intent, and in accordance with general or specific rules therein contained. The zoning board of adjustment shall consist of seven members, each to be appointed by the governing body of the city, and each shall hold office for a term of seven years or until the time as his or her successor shall be appointed and qualify. The respective terms of the seven members first appointed shall be for one, two, three, four, five, six, and seven years. The members may after a public hearing, be removed for cause by the governing body of the city. The zoning board of adjustment shall adopt rules in accordance with the zoning ordinance adopted by the city. Meetings of the board shall be held at the call of the chair and at other times as the board may determine. The chair or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Appeals to the zoning board of adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer or other officer as is charged with the enforcement of the zoning ordinance of the city. The appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the zoning board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In these cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the zoning board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The zoning board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The zoning board of adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance of the city.

(2) To hear and decide special exceptions to the terms of the zoning ordinance of the city upon which the the board is required to pass under the ordinance.

(3) To authorize upon appeal in specific cases the variance from the terms of the zoning ordinance of the city as shall not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance shall result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done, provided, however, that no variance shall be granted under this section to allow a structure or use in a district restricted against the structure or use, except as specifically provided for by the zoning ordinance.

(b) In exercising its powers, the board, in conformity with this section, may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of two-thirds of the board members present shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or other officer as is charged with the enforcement of the zoning ordinance of the city, or to decide in favor of the applicant or any matter upon which it is required to pass under any ordinance of the city or to effect any variation in any ordinance. A quorum at any meeting shall consist of four members. The zoning board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of the portion thereof as may be called for by the writ. The return shall concisely set forth the other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(c) The governing body of the city may appoint two supernumerary members of the board to serve on the board in the absence of a regular member with the former members serving at the call of the chair. Each supernumerary member while serving on the board shall have and exercise the power and authority of a regular member. The term of the supernumerary membersshall be for seven years and they shall be eligible for reappointment.
Ala. Code § 45-25-170 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-170
Section 45-25-170 Dekalb County Septic Tank Bond Fund
Status: reserved

Repealed by act ACT 2017-168, § 1, effective April 20, 2017, and by Act 2017-243, § 1, effective May 9, 2017.
Ala. Code § 45-37A-331.38 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-331.38
Section 45-37A-331.38 Identity of Owner or Vehicle
Status: in_force

In the event the evidence produced by an automated photographic speeding enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this subpart. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.
Ala. Code § 45-2-260 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-260
Section 45-2-260 Regulation of Setbacks
Status: in_force

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

(b) The Baldwin County Commission, through the county planning and zoning commission, shall regulate the construction setback from the centerline of any state or county public road or highway located outside the corporate limits of a municipality in Baldwin County.

(c) The provisions of this section do not apply to poles, facilities, structures, water, gas, sewer, electric, telephone, bill boards, or utility lines or other facilities of public utilities.

(d) The construction setback from any state or county public road or highway shall vary according to the highway functional classifications submitted by the Baldwin County Commission and approved by the Federal Highway Administration for Baldwin County.

(e) The functional classifications and the construction setbacks required for each classification are established as follows:

(1) Principal arterials require a 125 foot setback from the centerline of the right-of-way.

(2) Minor arterials require a 100 foot setback from the centerline of the right-of-way.

(3) Major collectors require a 75 foot setback from the centerline of the right-of-way.

(4) Minor collectors require a 50 foot setback from the centerline of the right-of-way.

(f) No permanent structure shall be erected or constructed within the designated construction setback.

(g) Any landowner or other aggrieved party may appeal any decision made pursuant to this section by filing notice with the Baldwin County Planning and Zoning Commission within a reasonable time after such decision. On such appeal, the Baldwin County Planning and Zoning Commission shall have authority to grant such relief as it may deem appropriate to remedy a gross inequity or extreme economic hardship as may be occasioned by strict enforcement of this section or any determination made pursuant to it. From the decision of the Baldwin County Planning and Zoning Commission, and within 30 days thereof, any party may appeal the decision to the Circuit Court of Baldwin County, Alabama, for trial, de novo.

(h) The county may institute an appropriate civil action to prevent an unlawful setback or to otherwise enforce this section.

(i) The provisions of this section are supplemental to any laws or any rules, regulations, or ordinances, state or local, relating to the right-of-way and the construction setback along or near any county or state public road or highway outside the corporate limits of a municipality in Baldwin County.
Ala. Code § 45-39-221.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-221.03
Section 45-39-221.03 Powers of Tourism Board
Status: in_force

(a) The tourism board may conduct programs and events, including, but not limited to, programs of information and publicity, sporting events, and other public events to attract tourists and visitors to the county. The tourism board may conduct programs or events in the state and elsewhere and expend its funds in the furtherance of such programs and events in the state and elsewhere.

(b) The tourism board may enter into contracts with any person, firm, corporation, or association to carry out the purposes set forth herein. No contract entered into by the tourism board shall bind either the state, the county, or any municipality.

(c) The tourism board shall have the following additional powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To sue and be sued in its own name in civil suits and actions, and to defend suits and actions against it, including suits and actions ex delicto and ex contractu, subject, however, to the same limitations that are imposed, by Section 11-93-2, on the recovery of money damages under any judgment against a governmental entity, as the term governmental entity is defined and used in Section 11-93-1, it being understood and hereby expressly provided that Section 11-93-2 shall apply, and shall be applied, fully to the tourism board, in all circumstances and instances whatsoever, and in every judicial action or proceeding, whether in state or federal court, to which the tourism board is or may be a party, whether or not the tourism board itself is, or would be, or would be deemed to be, a governmental entity, as that term is defined and used as aforesaid.

(2) To own, lease, license, operate, purchase, acquire, hold, improve, develop, manage, sell, convey, transfer, exchange, release, and dispose of, either alone or in conjunction with others, real and personal property, tangible and intangible, of every kind, character, and description.

(3) To adopt a corporate seal and to alter such seal as necessary or appropriate.

(4) To employ agents, employees, consultants, attorneys, and accountants, to fix their compensation, to secure such services and assistance as the board deems necessary to enable the tourism board to conduct and engage in the activities and purposes for which it is created, and, subject to Section 45-39-221.04, to appoint officers in addition to those specified in Section 45-39-221.04.

(5) To make bylaws for the management and regulation of the tourism board’s affairs, including the appointment of committees, upon resolution of the board.

(6) To enter into contracts and execute all instruments necessary or convenient to lease, purchase, and own real or personal property used in furtherance of the purposes for the accomplishment of which the tourism board is created.

(7) To accept or receive gifts, bequests, devises, and all other types of funds, both public and private, regardless of the source, subject to all applicable laws, and to expend all such funds to carry out the purposes of the tourism board.

(8) To provide funds directly or indirectly to third parties in connection with any public program, sporting or other event, or advertising campaign to carry out the purposes herein stated.

(9) To borrow money, execute notes, and other evidence of indebtedness which may be required by the lender, and pledge anticipated revenue or income to secure payment of loans.

(10) To mortgage, pledge, or otherwise convey its property and its revenues from any source.

(11) To mortgage or pledge any or all of its assets or properties or any part or parts thereof, whether then owned or thereafter acquired, as security for the payment of the principal of and the interest and premium, if any, on any debt incurred by it.

(d) At the discretion of the board, the tourism board may operate on the basis of either a calendar year or a fiscal year that is identical to the fiscal year then being used by the county. The tourism board shall each year adopt an annual budget for the then next succeeding calendar or fiscal year, whichever is applicable, which budget may thereafter from time to time be altered, amended, or modified, all as the board may determine to be advisable. The board, not less than 30 days prior to approval by it of any proposed annual budget, shall cause a copy of the proposed budget to be provided to both of the following:

(1) The governing body and, if the mayor is not a member of the governing body, the mayor of each municipality in which the county lodging tax is then being collected from persons and businesses operating in the corporate limits or planning jurisdiction of the municipality.

(2) The governing body of the county, provided that the county lodging tax is then being collected from persons and businesses operating in the county, but not within the corporate limits or planning jurisdiction of any municipality. Any governing body or mayor may submit to the board comments or requests with respect to the proposed annual budget, and request from the board any information as is reasonably related to the budget. Before adopting a proposed annual budget, the board, may alter, amend, or modify the proposed budget on the basis of any comments or requests submitted to it as provided herein, but the board shall not in any event be required or obligated to do so.

(e) The tourism board shall have neither the power to levy any tax nor the power of eminent domain, and nothing herein contained shall be construed as granting any such power to the tourism board.
Ala. Code § 45-52-234.24 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-234.24
Section 45-52-234.24 Waiver of Collection and Payment
Status: in_force

In any case in which the court having jurisdiction of the case determines that the collection and payment of the sums provided for in Section 45-52-234.23 will impose a definite and significant financial hardship on the dependents of the defendant involved, the court, in its discretion, may waive the collection and payment of the same or any portion thereof.
Ala. Code § 45-56-120 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-120
Section 45-56-120 Employees’ Retirement System; Withdrawing Accumulated Contributions
Status: in_force

(a) Any individual who became a member of the Employees’ Retirement System through the participation of Randolph County in the system, who was a member of the system on October 1, 1975, and who prior to that date had been ineligible to receive credit for service rendered as an employee prior to October 1, 1945, for reasons other than having been employed as a nonmember, shall be eligible under Article 1, Chapter 27, Title 36, to receive credit for all service as an employee rendered by him or her prior to the date of establishment of the retirement system; provided, that the individual has never waived his or her claim on the funds of the retirement system by withdrawing his or her accumulated contributions to the fund; and provided, the member has not been absent from service more than five years in any period of six consecutive years after becoming a member of the retirement system.

(b) This section shall apply to both present employees of Randolph County and retired employees of Randolph County.
Ala. Code § 45-4-60.15 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-60.15
Section 45-4-60.15 Transfer of Title to Property to County Medical Examiner and Department of Forensic Sciences
Status: reserved

Repealed Act 2015-321 effective June 3, 2015.
Ala. Code § 45-37-100 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-100
Section 45-37-100 Board of Education
Status: in_force

(a)(1) The Jefferson County Board of Education is composed of five members: Four who reside in an area served by the Jefferson County School System who are elected from that area of the county not served by a municipal school system and one who resides in any area of Jefferson County served by municipal school systems who is elected by the qualified electors of those municipalities with municipal school systems.

(2) The place numbers for the members of the Jefferson County Board of Education shall be as follows:

a. Place #1 shall denote that position from the area of the county not served by a municipal school system elected in the year 1998.

b. Place #2 shall denote one of the positions from that area of the county not served by a municipal school system elected in the year 2000.

c. Place #3 shall denote one of the positions from that area of the county not served by a municipal school system elected in the year 2000.

d. Place #4 shall denote that position from the area of the county not served by a municipal school system elected in the year 2002.

e. Place #5 shall denote that position from the area of the county served by municipal school systems elected in the year 1998.

(b)(1) Nothing in this subsection shall be interpreted to alter the membership or any other aspect of the existing board. This subsection is only intended to assign place numbers to existing positions on the board to facilitate the election process.

(2) A candidate shall specify which place on the board for which he or she seeks election.

(3) Commencing with the next election, for each respective place on the board, a member shall reside in the area of Jefferson County served by his or her place number for the entire term of office. If a member moves from the area served by the place number for which the member was elected, his or her position on the board shall be deemed vacant.
Ala. Code § 45-5-247 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-247
Section 45-5-247 Levy of Tax Authorized. (Amended by Act 2026-199)
Status: in_force

AMENDED BY ACT 2026-199, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) In addition to all other taxes of every kind now imposed by law, the Blount County Commission may levy a privilege or license tax upon every person, firm, or corporation engaging in the business of renting or furnishing any room or rooms, lodging, or accommodations to a transient in any hotel, motel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The amount of the tax shall be equal to four percent of the charge for the rooms, lodgings, or accommodations, including the charge for use or rental of personal property and services furnished in the room. There is exempted from the tax authorized to be levied under this section any rentals or services taxed under Article 1 of Chapter 23 of Title 40.

(b) The tax authorized to be levied by this section shall be collected by Blount County in the same manner and subject to the same exemptions as the state lodging tax as provided in Chapter 26 of Title 40. The tax levied pursuant to subsection (a) shall constitute a debt due the county. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The county shall receive the tax, enforce this section, and have and exercise all rights and remedies otherwise currently applicable or which may be provided for in the future for the collection of the state lodging tax by the Department of Revenue.

(c) The proceeds from the tax shall be deposited to the Blount County Commission in the county tourism fund to be used by the Blount County Commission for the promotion of tourism, county beautification, supporting and maintaining park and recreation projects, and maintaining the county covered bridges.
Ala. Code § 45-39-82.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-82.01
Section 45-39-82.01 Pretrial Diversion Program Established; Discretionary Powers; Supervision and Control
Status: in_force

(a) The district attorney may establish a pretrial diversion program within the Eleventh Judicial Circuit in Lauderdale County.

(b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained.

(c) The pretrial diversion program shall be under the direct supervision and sole control of the district attorney.

(d) The district attorney may contract with any agency, person, or corporation for services related to this part and may employ persons necessary to accomplish this part, who shall serve at the pleasure of the district attorney.
Ala. Code § 45-41-230 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-230
Section 45-41-230 Salary
Status: in_force

(a) The annual salary of the Sheriff of Lee County shall be one hundred twenty-five thousand dollars ($125,000) which shall be paid in the same manner and at the same time as other county employees.

(b) The salary provided in this section shall be in lieu of any other salary provided by general or local law.
Ala. Code § 45-35-170 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-170
Section 45-35-170 Board of Health Fees
Status: in_force

(a) The Houston County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. The health department is hereby authorized to charge and collect such fees. All fees collected shall be in addition to any and all federal, state, and local appropriations. Any fees collected shall be processed in accordance with the recommendations of the Department of Examiners of Public Accounts.

(b) Prior to establishing any fees, a public hearing with proper notice shall be held.

(c) No person shall be denied any service because of that persons’s inability to pay. The county board of health may establish a sliding fee scale based on one’s ability to pay.

(d) This section shall not apply to nor affect any fees otherwise authorized, set, or collected under state or federal law or regulations and shall not affect funding from the state in any way.

(e) All fees collected pursuant to this section are hereby appropriated to the health department which collected such fees.
Ala. Code § 45-17-81.19 — Alabama Code / Title 45 / Chapter 17 / Section 45-17-81.19
Section 45-17-81.19 Written Agreement; Other Terms and Conditions
Status: in_force

(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the sentence the offender will receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receive a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate circuit or district judge of the Thirty-first Judicial Circuit prior to admission of the offender into the pretrial diversion program.

(b) As a condition of being admitted into the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:

(1) Participate in an education setting to include, but not be limited to, K-12, college, job training school, trade school, GED classes, or adult basic education courses.

(2) If appropriate, attempt to learn to read and write.

(3) Financially support his or her children or pay child support.

(4) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.

(5) Refrain from contact with certain persons or premises.

(6) Maintain or seek employment.

(7) Attend individual, group, or family counseling.

(8) Pay approved restitution to a victim, if any is due.

(9) Pay court costs and fines.

(10) Pay supervision fees and application fees pursuant to this subpart.

(11) Observe curfews or home detention or travel constraints as set out in the offender’s agreement.

(12) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support either withheld or garnished from the wages or salary of the offender and applied to the above.

(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in the written agreement of the offender, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and the circumstances of each offender.
Ala. Code § 45-37A-52.95 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.95
Section 45-37A-52.95 Powers and Duties
Status: in_force

The mayor shall be the head of the administrative branch of the city government. The mayor shall not sit with the council nor shall he or she have a vote in its proceedings and he or she shall have the power and duties herein conferred. The mayor shall be responsible for the proper administration of all affairs of the city and, subject to any civil service or merit system law applicable to such city and except as otherwise provided herein, he or she shall have power and shall be required to:

(1) Enforce all law and ordinances.

(2) Appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this part and except as he or she may authorize the head of a department or office to appoint and remove subordinates in such department or office; provided that he or she shall not appoint or remove officers and employees of:

a. Any board of the city having control over any park, recreation facility, fair, exhibit, or any library board of the city.

b. Any municipally-owned public utility, including electric, gas, and water systems, while such utility is operating under a board constituted by law or required by the terms of any indenture, mortgage, or deed of trust providing for employment by other authority.

c. Any nonelected school board of the city.

d. Any planning board or zoning board of the city.

(3) Exercise administrative supervision and control over all departments created by this part or by law or hereafter created by the council except those enumerated in paragraphs a. to d., inclusive, of subdivision (2) and except those otherwise given independent status under this part.

(4) Shall keep the council fully advised as to the financial conditions and needs of the city; prepare and submit the budget annually to the council and be responsible for its administration after its adoption; prepare and submit, as of the end of the fiscal year, a complete report on the financial and administrative activities of the city for such year and prepare a detailed report within 10 days of the council’s request except the mayor shall have an extension of five additional days if the information is not readily available.

(5) Recommend to the council such actions as he or she may deem desirable.

(6) Prepare and submit to the council such reports as may be required of him or her.

(7) Perform such other duties as may be prescribed by this part.

(8) Fix the salaries or compensation of all officers and employees of the city who are appointable by him or her, subject, however, to any civil service or merit law applicable to the city.

(9) Employ as members of his or her staff such employees as the mayor may deem necessary for and on behalf of the city to assist the mayor and perform such duties relating to the mayor as the mayor may assign. Each such employee shall serve at the pleasure of the mayor for such compensation as the mayor may set. Such staff members shall not be under any merit or civil service system, but, should a member of the classified service under any merit or civil service system applicable to the city be appointed hereunder, the provisions of this section notwithstanding, he or she may be paid at the salary established for his or her classification at the time of appointment and such person shall not lose any rights under such merit or civil service system by reason of his or her appointment hereunder, and shall, upon termination of service on the mayor’s staff, have the right to return to the classified service, with full credit for time served on the mayor’s staff, at the same or higher classification as that held upon appointment hereunder. Each such employee shall by reason of such employment become a member of the pension system covering the general employees of the city, if there be such a system, to the same extent and in the same manner as other general employees of the city, provided such employee apply to the board or other authority administering such pension system within 30 days of appointment; otherwise, such employee shall not be a member of the system. This section shall not limit the authority of the mayor to appoint other staff under the merit system or as otherwise authorized by law. No person employed in one of these staff positions shall run for elected office while so employed.

(10) Retain the services of outside counsel and other professional services, to the extent that it is in the budget, and will not impact the budget, to meet the needs of the city when, in the opinion of the mayor, such action would best serve the interests of the city.
Ala. Code § 45-2-232.02 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-232.02
Section 45-2-232.02 Disposition of Funds
Status: in_force

All profits realized pursuant to this part shall be expended for any lawful purpose by the sheriff for the operation of the office of the sheriff or the jail, including, but not limited to, office supplies and equipment, communications equipment, salaries and salary supplements, expense allowances, training and related activities, the construction, renovation, furnishings, and maintenance of offices, buildings, and grounds operated by the office of the sheriff, uniforms and personal equipment, automobiles, professional dues, the general operation of the Baldwin County Corrections Center and courthouse security operations, and any other expenses related to the enhancement of law enforcement and corrections in the county.
Ala. Code § 45-40-130.02 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-130.02
Section 45-40-130.02 Duties
Status: in_force

It shall be the duty of the county engineer to do all of the following:

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

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

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

(4) To build, or construct new roads, or change old roads, but only when ordered to do so by proper order of the county commission.

(5) It shall be his or her further duty, insofar as is feasible to construct and maintain all county roads on the basis of the county as a unit, without regard to any district or beat lines.
Ala. Code § 45-39-140.03 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-140.03
Section 45-39-140.03 Fire Protection Service Fee - Collection, Administration, and Enforcement
Status: in_force

The fire protection service fee shall be collected, administered, and enforced as closely as possible at the same time, in the same manner, and under the same requirements and laws as are the ad valorem taxes of the state. The proceeds of the fee shall be paid into a special county fund. Within 30 days of payment into the special fund, the county commission shall divide the funds equally among all eligible volunteer fire departments. The county commission may establish rules and procedures regarding the transfer, investing, accounting, and handling of the funds.
Ala. Code § 45-16A-21 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-21
Section 45-16A-21 Regulation of Sale and Distribution of Draft Beer
Status: in_force

(a) This section shall apply to the regulation of the sale and distribution of alcoholic beverages in the City of Elba in Coffee County.

(b) The city council, by resolution or ordinance, may authorize the sale and distribution of draft beer by retail licensees of the Alcoholic Beverage Control Board. Notwithstanding the foregoing, keg beer may not be sold for off-premises consumption.
Ala. Code § 45-53-243.03 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-243.03
Section 45-53-243.03 Recordkeeping
Status: in_force

All distributors, storers, and retail dealers shall keep for not less than three years at some certain place or office such books, documents, or papers as will clearly show the amount of sale of withdrawals of gasoline and motor fuel made in the county taxed under this part.
Ala. Code § 45-16-81.02 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-81.02
Section 45-16-81.02 Additional Court Costs for Certain Municipal, District, and Circuit Court Cases; Jail Fund
Status: in_force

(a) In addition to any and all court costs now or hereafter authorized to be collected, there shall be assessed an additional court cost of thirty-five dollars ($35) in all civil cases filed in the Circuit Court of Coffee County and in district court the sum of thirty-five dollars ($35) excluding cases filed in small claims court. There shall also be an additional court cost of thirty-five dollars ($35) in all criminal and quasi-criminal cases brought in the Municipal, District, or Circuit Courts of Coffee County.

(b) All costs assessed pursuant to this section shall be collected by the court clerk as other court costs are collected and distributed to the county for deposit in a special fund designated as the Jail Fund. All monies paid into the Jail Fund shall be expended by the county exclusively for the payment of the cost of constructing, financing, planning, equipping, maintaining, repairing, and operating the county jail.

(c) In addition to any other court costs, any person convicted of the offense of selling or trafficking a controlled substance, or both, shall be taxed five hundred dollars ($500) upon conviction, the five hundred dollar ($500) tax to be paid to the Jail Fund, to be used for the payment of the cost of constructing, financing, planning, equipping, maintaining, repairing, and operating the county jail. These costs shall be taxed upon conviction as additional court costs.
Ala. Code § 45-15-171.30 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-171.30
Section 45-15-171.30 Physician Inducement
Status: in_force

In Cleburne County, the Cleburne County Hospital Board is hereby authorized to use any available monies from any sources, any facilities or means of the association, and to enter into any agreements as deemed necessary by the board, for the purpose of providing any inducement to, or carrying out any agreements with, any physician willing to practice medicine in Cleburne County, and serve as a medical staff member of the Cleburne County Hospital. This agreement shall include but not be limited to the advancement of funds, the making of loans, and the payment of supplemental salaries.
Ala. Code § 45-51-244.01 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-244.01
Section 45-51-244.01 Authorization to Levy and Collect Ad Valorem Tax
Status: in_force

Montgomery County presently is authorized to levy and collect the special ad valorem tax at a rate of $.30 on each one hundred dollars (three mills on each dollar) of assessed value pursuant to Amendment 382 subject to approval by the electorate as provided by the laws of this state. Pursuant to a resolution adopted by the county commission in accordance with Amendment 373, Montgomery County proposes to increase the rate at which it may levy and collect the special ad valorem tax in the district to a maximum rate, for any tax year, which is equal to $1.85 on each one hundred dollars (18.5 mills on each dollar) of assessed value.
Ala. Code § 45-29-83.20 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-83.20
Section 45-29-83.20 Clerks
Status: in_force

(a) The judge of probate, tax assessor, and tax collector in Fayette County are each hereby authorized to hire a chief clerk. The chief clerks’ salaries shall be fixed by the Fayette County Commission and paid from the general fund of the county.

(b) The judge of probate, provided sufficient funds are available, shall be authorized to employ additional clerks as deemed necessary and approved by the Fayette County Commission. The salaries of the clerks shall be fixed by the Fayette County Commission.
Ala. Code § 45-55-243.09 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-243.09
Section 45-55-243.09 Charge for Collection; Disposition of Funds
Status: in_force

If, and as long as the state Department of Revenue is the special collection agent, the state Department of Revenue shall charge the county, for collecting the taxes levied herein, the costs of the department in collecting the taxes; provided, such charge shall not, in any event, exceed five percent of the total amount of the taxes collected hereunder. Such charge for collecting the taxes for the county may be deducted each month from the tax proceeds collected before the amount of the proceeds due the county for that month is certified as provided in this section. The commissioner shall pay into the State Treasury all taxes collected under this subpart, as such taxes are received by the state Department of Revenue; and on or before the first of each successive month (commencing with the month next succeeding the month in which the department makes the first collection of any of the taxes levied hereunder) the commissioner shall certify to the Comptroller the amount of taxes collected under this subpart and paid by him or her into the State Treasury for the benefit of the county during the month immediately preceding the making of the certificate and shall state separately in the certificate the amount of the proceeds so collected from the taxes levied in Section 45–55–243.01 and the amount of the proceeds so collected from the taxes levied in Section 45–55–243.03; provided, however, that before certifying the amount of taxes paid into the State Treasury for the benefit of the county during each month, the commissioner may deduct from the taxes collected hereunder in the month the charges due the department for collection of the taxes. It shall be the duty of the Comptroller (1) to issue his or her warrant each month, payable to the county and to be held by the county in trust for distribution as provided in Section 45–55–243.10, in an amount equal to the amount so certified by the commissioner as having been collected hereunder, and (2) to transmit to the county, along with the warrant, a copy of the certificate by the commissioner.
Ala. Code § 45-8-200.05 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-200.05
Section 45-8-200.05 Commissioner of Licenses - Duties
Status: in_force

It shall be the duty of the commissioner of licenses to collect and issue all licenses, except marriage licenses, for exercising any rights or privileges for which a license is required, privilege licenses, store licenses, chain store licenses, milk licenses, boat licenses, hunting licenses, fishing licenses, driver’s licenses, licenses for motor vehicles, and any and all other licenses, except marriage licenses, which are now or which may hereafter be required by law to be paid to the State of Alabama or the counties thereof.
Ala. Code § 45-49-233 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-233
Section 45-49-233 Pistol Permit Fee; Sheriff’s Fund
Status: in_force

(a) In Mobile County the fee for issuance of a pistol permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13A-11-75 shall be twenty dollars ($20), which shall be collected by the sheriff.

(b) Any and all monies collected under subsection (a) shall be deposited by the Sheriff of Mobile County, in any bank located in Mobile County, into a fund known as the Sheriff’s Fund.

(c) The Sheriff’s Fund as provided in subsection (b) shall be drawn upon by the Sheriff of Mobile County or his or her appointed agent and shall be used exclusively for law enforcement purposes and in the discharge of the sheriff’s office as he or she sees fit.

(d) The establishment of the Sheriff’s Fund as provided in this section and the use of such funds shall in no way diminish or take the place of any other imbursement or other source of income established for the sheriff or the operation of his or her office.
Ala. Code § 45-41A-10.15 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.15
Section 45-41A-10.15 Exemption from Usury and Interest Laws
Status: in_force

The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, Chapter 8 of Title 8 as it may at any time be amended.
Ala. Code § 45-5-170 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-170
Section 45-5-170 Issuance; Fees
Status: in_force

(a) Any Blount County health officer or administrator is authorized to issue an official death certificate in any case within the county, except where an autopsy is required. Data obtained from the attending physician or funeral director shall be kept on the file for one year following the death for the purpose of issuing such death certificate. Such certificate shall be in all particulars the same as those issued by the State Department of Public Health in any court or for insurance purposes. Nothing in this section shall affect any existing duty of any person to gather and transmit data to the local registrar or to the State Health Department.

(b) The county health officer shall not later than 10 days from the date of death, make such official death certificate available to the surviving spouse or next of kin of the deceased at a fee not greater than that charged by the State Health Department for the same service. The county health officer shall cause a complete and correct account to be kept of all fees received by him or her under this section and shall remit the fees to the treasurer of the county board of health or like official for custody subject to disbursement for purposes of health services in Blount County.
Ala. Code § 45-40-232.02 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-232.02
Section 45-40-232.02 Sale of Surplus Property; Lamination of Documents of Records
Status: in_force

(a) The sheriff may sell surplus property of the sheriff’s department including vehicles, at a time and manner the sheriff deems best to get the greatest return from the original investment.

(b) All monies received from the sale of the property shall be deposited into the sheriff’s vehicle fund set up by the sheriff in a bank in Lawrence County and used by the Sheriff of Lawrence County to purchase vehicles or equipment for the sheriff’s department.

(c) Proceeds received by the sheriff’s department for laminating documents or records shall be deposited into the sheriff’s vehicle fund and used in the same manner as other moneys in the fund.
Ala. Code § 45-35-231.06 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-231.06
Section 45-35-231.06 Disposition of Sale Proceeds
Status: in_force

The proceeds from the sale of property at an auction conducted under the authority of this part, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property, shall be paid to the office of the Sheriff of Houston County.
Ala. Code § 45-20-110 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-110
Section 45-20-110 Compensation
Status: in_force

In Covington County, the county commission is authorized, in its discretion, to pay in addition to any and all other compensation, salary, and expense allowance, to each member of the board of registrars an expense allowance of twenty dollars ($20) per day. The amount paid under this section shall be paid out of the county general fund and shall be paid only when the members of the board actually attend meetings of the board. Notwithstanding the foregoing, the county commission may, from time to time and upon unanimous adoption of a resolution, increase the amount of the expense allowance provided for in this section.
Ala. Code § 45-57A-63.190 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.190
Section 45-57A-63.190 Prohibition on Appointment or Removal of Officers and Employees
Status: in_force

No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, political or religious opinions, or affiliations.
Ala. Code § 45-10-244.32 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.32
Section 45-10-244.32 Authorization of Levy of Tax
Status: in_force

The Cherokee County Commission is hereby authorized to levy and impose a one percent sales or gross receipts tax upon the sales of all tangible personal property sold in Cherokee County, Alabama.

There are exempted, however, from the provisions of this section and from the computation of the amount of the tax imposed in this section, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales tax statutes from the computation of the amount of the state sales tax.
Ala. Code § 45-37A-51.167 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.167
Section 45-37A-51.167 Executive Exempt Service Employees
Status: in_force

Executive exempt service employees under Section 45-37-121.25 shall be members of the system for the department in which they serve unless the exempt person elects in writing to forfeit such participation.
Ala. Code § 45-21-130.04 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-130.04
Section 45-21-130.04 Wage or Salary Scale
Status: in_force

It shall be the duty of the board to fix, from time to time, in accordance with prevailing economic conditions, the various scales of wages or salaries to be paid for labor necessary in the maintenance and construction of roads, bridges, and ferries, and the wage or salary scale shall not be exceeded by the engineer in the employment of labor and assistants.
Ala. Code § 45-1-170 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-170
Section 45-1-170 Collection and Disposition of Fees; Ability to Pay
Status: in_force

(a) The Autauga County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall set the fee to be charged for each service. Any fees to be charged under the authority of this section by the county health department shall be subject to approval by the county commission prior to implementation. The health department is hereby authorized to charge and collect such fees. All fees collected shall be in addition to any and all federal, state, and local appropriations. Any fees collected shall be processed in accordance with the recommendations of the state Examiners of Public Accounts.

(b) No person shall be denied any service because of that person’s inability to pay. The county board of health may establish a sliding fee scale based on one’s ability to pay.

(c) This section shall not apply to nor affect any fees otherwise authorized, set or collected under state or federal law or regulations.

(d) All fees collected pursuant to this section are hereby appropriated to the respective health department which collected such fees.
Ala. Code § 45-36-20 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-20
Section 45-36-20 Charge of Classification for Incorporated Municipalities
Status: in_force

(a) Notwithstanding any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant to authority granted by Section 104 of the Constitution of Alabama of 1901, the electors of an incorporated municipality located in Jackson County with a population of 2,500 or more inhabitants may change its classification from dry to wet or wet to dry by a municipal option election as provided by this section.

(b)(1) Upon petition of 25 percent of the number of voters voting in the last general election of the municipality having a population of 2,500 or more inhabitants being filed with the city or town clerk or governing body of the municipality, the governing body shall call a municipal option election for the municipality to determine the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed in the municipality. The petition for the municipal option election shall contain the following: “It is petitioned that a municipal option election be held to determine whether the legal sale and distribution of alcoholic beverages shall be permitted within this municipality.” On the ballot to be used for the municipal option election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality? Yes ___ No ___.”

(2) The municipal option election shall be held and the officers shall be appointed to hold the election in the manner provided by law for holding other municipal elections and the returns thereof tabulated and the results certified as provided by law for municipal elections. The municipal option election shall be held on the date set by the governing body. Notice of the municipal option election shall be given by the governing body of the municipality by publication at least three weeks before the date of the election, in a newspaper in the municipality, or, if there be none, in a newspaper in the county, or, if there be neither, by posting the notice at the town or city hall, apprising the voters of the municipality that a municipal option election shall be held to determine whether the municipality shall be wet or dry under this section. The cost of the municipal option election, including the cost of notice by publication, shall be paid out of the general fund of the municipality.

(3) Only qualified electors of the municipality may vote in the municipal option election. If a majority of the electors in the municipal option election vote “yes,” the municipality shall be wet, and alcoholic beverages may be legally sold, distributed, and consumed within the corporate limits of the municipality, and all of the provisions of Title 28, relating to alcoholic beverages in wet municipalities, including, but not limited to, Chapters 3, 3A, 6, and 7, shall be immediately put into operation with respect to and effective within the corporate limits of the municipality. Notwithstanding the results of any subsequent county election, special method referendum, or other election, the municipality shall remain wet until changed to a dry municipality at a subsequent municipal option election conducted in the same manner as required for the initial election, including, but not limited to, the petition procedure.

(4) If a majority of the voters voting in the municipal option election vote “no,” the municipality shall be a dry municipality under the terms of this section until the municipality, by a subsequent municipal option election held under this section, votes wet.

(5) At least 1,560 days shall have lapsed before a second municipal option election may be held in the municipality.

(c) If the electors of any municipality in Jackson County having a population of 2,500 or more inhabitants vote at any time to allow the sale of alcoholic beverages in its corporate limits pursuant to this section, then the electors of any other municipality in the county may petition for and hold an election on whether to legalize the sale of alcoholic beverages in the same manner, and under the same conditions, as prescribed for municipalities of 2,500 or more inhabitants.
Ala. Code § 45-3-230.41 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-230.41
Section 45-3-230.41 Salary Increase; Cost-of-Living Increases
Status: in_force

(a) Effective on September 1, 2023, the annual salary of the Sheriff of Barbour County shall be increased by twenty-nine thousand dollars ($29,000) per year. The additional compensation provided by this section shall be paid from the general fund of the county in the same manner as the salary of the sheriff is currently paid. Notwithstanding subsection (b) of Section 45-3-230.40, the salary increase provided by this section shall be in addition to any other compensation provided by law.

(b) In addition to any other compensation provided to the sheriff, the sheriff shall be entitled to the same uniform increases in compensation, including cost-of-living increases, that are granted equally after August 1, 2023, to all county employees of Barbour County, notwithstanding any provisions of Section 11-2A-4 to the contrary.
Ala. Code § 45-8-241.63 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-241.63
Section 45-8-241.63 Monthly Installments of Taxes; Statements of Gross Proceeds; Fines for False Statements
Status: in_force

The privilege license tax levied hereunder, except as otherwise provided, shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the privilege license tax accrues. On or before such twentieth day, every person on whom the amounts levied hereunder are imposed shall render to the county, on a form or forms prescribed by the county commission, a true and correct statement showing the gross proceeds of his or her business, for the next preceding month, the amount of gross proceeds which are not subject to the privilege license tax, or are not to be used as a measurement of the amounts due by such person and the nature thereof, together with such other information as the county commission may require, and at the time of making such monthly report such person shall compute the privilege license taxes due and shall pay the license commissioner of the county the amounts shown to be due. The license commissioner of the county shall deposit all taxes collected under this subpart into the general fund of the county treasury for the use of the county. If any person subject hereto should fail to render any report, return, statement, or form required hereby or should willfully make a false statement of facts in the report, return, statement, or form required hereunder, he or she shall upon conviction be punished by a fine of not more than five hundred dollars ($500) for each violation of any provision of this section.
Ala. Code § 45-28-60.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-60.01
Section 45-28-60.01 Use of County Vehicle
Status: in_force

(a) The Etowah County Commission shall provide the coroner with the use of a county vehicle in order to assist the coroner in the performance of his or her official duties. The county commission may otherwise regulate the use of the vehicle to assure that the vehicle is available for use by the coroner whenever the coroner is on call, but that the vehicle is not used for purely personal purposes.

(b) Any use of a county vehicle by the coroner prior to April 28, 2016, is ratified and confirmed.
Ala. Code § 45-25-10 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-10
Section 45-25-10 Disclaimer
Status: reserved

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

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

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

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

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

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

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

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

(2) Unless otherwise provided in this chapter, the descriptive headings or catchlines immediately preceding or within the text of the various hierarchy units, except the hierarchy unit numbers included in the headings or catchlines immediately preceding the text of such units, do not constitute part of the law, and shall in no manner limit or expand the construction of any such unit. All historical citations and effective notes set out in this chapter are given for the purpose of convenient reference, and do not constitute part of the law.
Ala. Code § 45-8A-112.02 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-112.02
Section 45-8A-112.02 Exemptions
Status: in_force

This part shall apply to all officers and employees in the service of the city, or any board, agency, or instrumentality of the city, except any of the following:

(a) Elective officers.

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

(c) All employees of the city board of education.

(d) Attorneys, physicians, surgeons, nurses, and dentists employed in their professional capacities and employees under the direct or indirect supervision of the Oxford Hospital Board.

(e) The judge of any court.

(f) Independent contractors receiving their remuneration from public funds under contracts awarded by competitive bidding.

(g) All employees of the water and sewer board.

(h) All employees of the Oxford emergency medical services.

(i) Seasonal workers.
Ala. Code § 45-57A-64.57 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-64.57
Section 45-57A-64.57 Appellate Review
Status: in_force

The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.

(2) If the person is adjudicated by the circuit court to be responsible for payment of the civil fine, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the municipal court, and in the event the circuit court finds the person appealing to not be responsible, no municipal court costs shall be owed to the city.

(3) Regardless of the civil nature of the proceedings, the circuit court may assign case numbers as for criminal appeals and place the appeals on criminal dockets in the same manner as criminal appeals from municipal court.

(4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.

(5) The city shall be responsible for providing an attorney to represent the city and to prosecute the civil proceedings in the circuit court.
Ala. Code § 45-35A-54.16 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.16
Section 45-35A-54.16 Grants for Use, Etc., of Public Streets, Property, Etc. - Notice; Effective Date
Status: in_force

No resolution, bylaw, or ordinance granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public property of the city organized under this part, either in, under, upon, along, through, or over same shall take effect and be in force until 30 days after the final enactment of same by the board of commissioners, and publication of the resolution, bylaw, or ordinance in full once a week for three consecutive weeks in some newspaper published in the city, which publication shall be made at the expense of the persons, firms, or corporations applying for the grant.
Ala. Code § 45-1-237 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-237
Section 45-1-237 Minimum Qualifications for Sheriff; Continuing Education
Status: in_force

(a) After March 7, 2016, any person qualifying for election to the office of Sheriff of Autauga County or any person appointed to serve as sheriff, in addition to any other qualifications required by law, shall meet all of the following minimum qualifications:

(1) The person is a citizen of the United States.

(2) The person has been a resident of the county for at least one year immediately prior to the qualification date.

(3) The person has the qualifications of an elector pursuant to state and federal law and the person has been registered to vote in the county at least one year immediately prior to qualifying.

(4) The person has been awarded a high school diploma or a GED equivalence.

(5) The person is 25 years of age or older prior to qualifying.

(6) The person has three or more years of prior service as a law enforcement officer with the power to arrest.

(7) The person has never been convicted of a felony.

(b) Upon election, the Sheriff of Autauga County shall attend annually a minimum of 12 hours of executive level continuing education approved by the Alabama Sheriff’s Association or the National Sheriff’s Association. Certification of annual continuing education shall be filed with the judge of probate of the county by December 31.
Ala. Code § 45-51A-32.157 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.157
Section 45-51A-32.157 Employment
Status: in_force

All classified employees shall be hired from a certified register of job applicants who meet the job related qualifications as provided by the department. All personnel activities shall be in accordance with the rules, policies, and procedures enacted by the board.