Ala. Code § 11-54-141 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-141
Section 11-54-141 Legislative Intent; Liberal Construction
Status: in_force

It is the intent of the Legislature by the passage of this article to authorize municipalities to acquire, own, and lease projects for the purpose of promoting trade by inducing commercial enterprises to locate in this state. It is intended that each project be self-liquidating. It is not intended hereby to authorize any municipality itself to operate any commercial enterprise. This article shall be liberally construed in conformity with the said intent.
Ala. Code § 11-44A-4 — Alabama Code / Title 2 / Chapter 44A / Section 11-44A-4
Section 11-44A-4 Mayor-Council - Terms
Status: in_force

The mayor and council members elected hereunder shall serve until the first Monday in October, 1988.
Ala. Code § 11-46-10 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-10
Section 11-46-10 Ranked-Choice Voting Prohibited; Exceptions
Status: in_force

(a) Ranked-choice voting shall not be used in determining the election or nomination of any candidate to any local office.

(b) As used in this section, the term “ranked-choice voting” means a voting method that allows electors to rank candidates for an office in order of preference and tabulates ballots cast in multiple rounds following the elimination of a candidate until a single candidate attains a majority.

(c) This section shall supersede any provision in this title that conflicts with this section.

(d) This section shall not apply to electors who are entitled to vote absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301, et seq.
Ala. Code § 11-50-318 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-318
Section 11-50-318 Disposition of Proceeds from Sale of Bonds
Status: in_force

All moneys derived from the sale of any bonds issued by any corporation organized under this article or the articles of incorporation of which are amended under this article shall be used solely for the purpose or purposes for which the same are authorized, including any engineering, legal, and other expenses incidental thereto and, in the case of bonds issued in whole or in part for construction of a system or any part thereof, interest on such bonds or, if a part only of the bonds are issued for the purpose of such construction, on the part of such bonds issued for that purpose, prior to and during such construction and for not exceeding one year after completion of such construction and, in the case of bonds issued by such corporation for the purpose of refunding outstanding bonds of such corporation, any premium which it may be necessary to pay in order to redeem or retire the bonds to be refunded.
Ala. Code § 2-33-11 — Alabama Code / Title 2 / Chapter 33 / Section 2-33-11
Section 2-33-11 Taxation of Premiums
Status: in_force

(a) Premiums collected under this chapter shall be taxed at the rate of 1.3 percent per annum based on the premiums collected by the nonprofit agricultural organization. The return and payment of the tax shall be due to the Department of Insurance on a biannual basis and shall be remitted to the department on or before the 20th day of the month following the preceding six months for premiums collected.

(b) The tax described in subsection (a) is exclusive and shall be in lieu of all other taxes and licenses. No license or privilege tax may be imposed by a county or municipality on a nonprofit agricultural organization that is subject to the tax described in subsection (a), and a nonprofit agricultural organization and its affiliates that are subject to the tax described in subsection (a) shall be exempt from income taxes under Chapter 18 of Title 40 or any other law levying income taxes.

(c) Taxes collected under this section shall be collected and administered by the Department of Insurance pursuant to rules adopted by the department for that purpose.

(d) Taxes collected under this section, less the costs of administration by the department not to exceed two percent of collections, shall be deposited in the State Treasury and credited to the State General Fund.

(e) The costs of administration shall be deposited in the State Treasury and credited to the Insurance Department Fund.
Ala. Code § 2-26-15 — Alabama Code / Title 2 / Chapter 26 / Section 2-26-15
Section 2-26-15 Seed Inspection Fees; Reporting
Status: in_force

(a) The Board of Agriculture and Industries may adopt seed inspection fees. The department shall administer the inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record of any person who sells or distributes seed for sale during the normal hours of business operation as it deems necessary.

(b) All fees collected under this section shall be deposited into the Agricultural Fund in the State Treasury. The commissioner may expend revenue raised by this section for the support of the Alabama State Seed Laboratory.

(c) Every person who sells or distributes seed for sale, whether in bulk or in containers, within the state or into the state for planting purposes, shall be assessed a seed inspection fee as established by the board.

(d) Every person who sells or distributes seed for sale shall do all of the following:

(1) Pay an inspection fee on the total number of pounds of seed sold within or into the state. Payment of the seed inspection fees shall be the responsibility of the person initiating the first sale of seed within or into the state.

(2) Maintain records, as required by the department, that accurately reflect the total pounds of seed subject to the fees that are handled, sold or offered for sale, or distributed for sale.

(3) File quarterly reports on forms provided or approved by the department, covering the total pounds of all sales of seed subject to the fee and sold during the preceding quarter. The reports and fees due shall be filed with the department no later than 30 days following the end of each calendar quarter.

(e) A person who sells or distributes seed for sale who does not file the quarterly report by the due date shall pay a penalty fee as provided by the regulations of the department. The penalty fee shall be waived if the seedsman obtains prior written approval from the department for a late filing and complies with the late filing requirements.

(f) The commissioner may suspend the permit or seek any remedy provided in Section 2-26-13, against any person subject to this section.

(g) The Board of Agriculture and Industries shall review the fee schedule and administration of the seed inspection fee program and shall make recommendations for its renewal or renewal with revisions by the board meeting date immediately prior to the convening of the regular session of the Legislature in the fourth year of the quadrennium. Any change in the fee schedule or the administration of the seed inspection program shall be adopted by rule pursuant to the Alabama Administrative Procedure Act.
Ala. Code § 11-71-6 — Alabama Code / Title 2 / Chapter 71 / Section 11-71-6
Section 11-71-6 Terms of Office; Vacancies
Status: in_force

(a) Initial members of the board shall serve terms of office of four years, or until dissolution of the authority, whichever is sooner. Upon the expiration of the initial term of office of any member of the board, the person shall remain a member of the board until his or her successor has been duly elected at an election of a majority of the authority members. Successors’ terms of office shall be four years or until dissolution of the authority, whichever is sooner.

(b) A vacancy on the board shall be filled in the same manner as the vacating member was initially elected.
Ala. Code § 11-48-32 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-32
Section 11-48-32 Assignment and Transfer of Assessment Liens
Status: in_force

Such city or town may transfer and assign such assessment liens to the contractor or contractors who made said improvement or improvements or to any other person.
Ala. Code § 11-43C-81 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-81
Section 11-43C-81 Pending Legal Actions and Proceedings
Status: in_force

No action or proceeding, civil or criminal, pending at the time of the organization under the mayor-council form of government, brought by or against the city or any office, department, or agency or officer thereof, shall be affected or abated by the change to the mayor-council form of government or by anything contained in this chapter; but all such actions or proceedings may be continued notwithstanding that functions, powers, and duties of any office, department, or agency or officer party thereto may by or under this chapter be assigned or transferred to another office, department, or agency or officer; but in that event, the same may be prosecuted or defended by the head of the office, department, or agency to which such functions, powers, and duties have been assigned or transferred by or under the provisions of this chapter.
Ala. Code § 11-50-231 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-231
Section 11-50-231 Application for Authority to Form Corporation for Operation of Waterworks and Sanitary Sewer Systems; Adoption of Resolution by Municipal Governing Body Authorizing Incorporation
Status: in_force

Whenever any number of natural persons, not less than three, shall file with the governing body of any municipality in this state an application in writing for authority to incorporate a public corporation for the purpose of operating a waterworks plant and system and a sanitary sewer system or either of such systems, and if it shall be made to appear to such governing body that each of said persons is a duly qualified elector of and owner of property in said municipality and if the governing body of said municipality shall adopt a resolution, which shall be duly entered upon the minutes of such governing body, wherein it shall be declared that it is wise, expedient, and necessary that such a corporation be formed and that the persons filing said application shall be authorized to proceed to form such corporation, then said persons shall proceed to organize such a corporation by executing and filing for record a certificate of incorporation as provided in Sections 11-50-232 and 11-50-233. No corporation shall be formed under this division unless the application provided for in this section shall be made and unless the resolution provided for in this section shall be adopted.
Ala. Code § 11-67A-2 — Alabama Code / Title 2 / Chapter 67A / Section 11-67A-2
Section 11-67A-2 Inoperable Motor Vehicle Defined; Nuisance Exception
Status: in_force

For purposes of this chapter, the term “inoperable motor vehicle” shall mean any motor vehicle, trailer, or semi-trailer that has remained on private property and in view of the general public for 30 days or any greater period fixed by the municipality and is inoperable in that one or more of its major mechanical components, including, but not limited to, the engine, transmission, drivetrain, or wheels, are missing or are not functional, or the vehicle otherwise constitutes a nuisance. An inoperable motor vehicle shall not be deemed a nuisance if the motor vehicle has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations, or if the motor vehicle is on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or primarily engaged in the storage and sale of damaged or theft-recovered vehicles for insurers, or if the motor vehicle is kept in an enclosed building completely shielded from the view of individuals on the adjoining properties.
Ala. Code § 2-16-41 — Alabama Code / Title 2 / Chapter 16 / Section 2-16-41
Section 2-16-41 Operators of Commercial Poultry Hatcheries, Etc., to Be Equipped with Facilities for Handling, Destruction and Disposal of Dead Poultry, Unhatched or Unused Eggs, Etc.; State Board to Adopt Rules and Regulations Prescribing Facilities Required, Manner of Disposal of Dead Poultry, Unhatched or Unused Eggs, Etc
Status: in_force

Every person who raises, grows, feeds or otherwise produces poultry for commercial purposes and every person who operates a commercial poultry hatchery for the production of baby chicks and turkey poults shall be equipped with adequate facilities for the handling, destruction and disposal of all dead poultry, poultry carcasses, unhatched or unused eggs and other poultry waste.

The State Board of Agriculture and Industries is hereby authorized to prescribe the size, type, depth and dimensions for any pit required for the burying of dead poultry, to require and prescribe chemical or disinfectant treatments to be applied, the use of incinerators or other burning methods and any other recommended methods or facilities for the handling, destruction and disposal of dead poultry, poultry carcasses, unhatched or unused eggs and other poultry waste, which facilities must be kept and maintained by every commercial poultry grower and every commercial hatchery in Alabama. The handling, destruction and disposal of dead poultry, poultry carcasses, unhatched or unused eggs and other poultry waste shall be performed by the use of the required facilities in a manner prescribed by the State Board of Agriculture and Industries pursuant to rules and regulations adopted by said board for this purpose.
Ala. Code § 2-7A-1 — Alabama Code / Title 2 / Chapter 7A / Section 2-7A-1
Section 2-7A-1 Establishment of Agriculture Exhibition Center Corporation; Operation of Alabama Farm Center
Status: in_force

(a) A singular Agriculture Exhibition Center Corporation may be established and created by any number of individuals associated with an agricultural membership advocacy organization filing articles of incorporation in the office of the judge of probate of the county in which the Alabama Farm Center is located. Upon filing articles of incorporation pursuant to this subsection in the office of the judge of probate of the county in which the singular Alabama Farm Center is located, no other corporation may be incorporated pursuant to this subsection. After the initial filing of articles of incorporation pursuant to this subsection, any subsequent filing of articles of incorporation pursuant to this subsection in any other location shall be considered void.

(b) The Agriculture Exhibition Center Corporation shall operate the Alabama Farm Center for the purposes of promoting, showcasing, and facilitating education regarding all facets of the agricultural industry and advancing agricultural business and workforce development in this state.

(c) The Agriculture Exhibition Center Corporation shall be governed by, and all powers of the corporation shall be exercised by, pursuant to the corporation’s authorization, a board of directors composed of the following members, subject to confirmation by the Senate:

(1) One member appointed by the Governor, who shall serve an initial term of four years.

(2) One member appointed by the Governor who shall be nominated jointly by the House Minority Leader and the Senate Minority Leader, who shall serve an initial term of three years.

(3) One member appointed by the Lieutenant Governor, who shall serve an initial term of three years.

(4) One member appointed by the Speaker of the House of Representatives who shall have livestock experience, who shall serve an initial term of two years.

(5) One member appointed by the Commissioner of Agriculture and Industries from a list of nominees submitted by the Alabama Cattlemen’s Association, the Alabama Farmers Federation, or the Southeastern Livestock Exhibition, who shall serve an initial term of one year. These nominating organizations may coordinate their nomination list or may submit nomination lists individually.

(6) One member appointed by the Commissioner of Agriculture and Industries from a list of not less than four nominees submitted by the Dean of Agriculture of either Tuskegee University or Alabama A&M University, who shall serve an initial term of two years.

(7) One member appointed by the county commission of the county in which the Alabama Farm Center is located who shall be a farmer and resident of that county, who shall serve an initial term of four years.

(d) The appointing authorities shall coordinate their appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(e) After the initial terms, each member shall serve a term of four years.

(f) The board shall elect a chair, who shall be a farmer or an individual with livestock experience, and a secretary from among its membership.

(g) Any vacancy on the board shall be filled by the respective appointing authority. Any member may be removed for cause upon a majority vote by all other members.

(h) No member may have an interest, directly or indirectly, in any contract for work, materials, or services, or profits therefrom, to be performed under the authority conferred by this chapter if the member, directly or indirectly, has more than a 10 percent interest in any business, firm, corporation, or profits thereof, furnishing or providing the work, materials, or services.

(i) The board may appoint an advisory council consisting of not more than 10 members to advise the board. Advisory council members shall serve two-year terms and may be appointed to additional terms by the board.

(j) No public official or candidate for public office shall be eligible for appointment to or service on the board.
Ala. Code § 2-8-206 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-206
Section 2-8-206 Joint Programs with Other States
Status: in_force

Any certified commission may enter into agreements with like commissions, councils, boards or other agencies or non-profit associations of cotton growers of other states for the purpose of conducting a similar agricultural commodities promotional program jointly with such commissions, councils, boards or other agencies or non-profit associations of cotton growers in other states, and such certified commission shall be authorized to contribute a proportionate share of the cost and expense necessary for such a program.
Ala. Code § 2-15-252 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-252
Section 2-15-252 Hog Cholera Virus Not to Be Purchased or Distributed by Department
Status: in_force

The hog cholera immunizing agent known as “hog cholera virus” shall not be distributed or sold by the Department of Agriculture and Industries under any of the provisions of this subdivision, and such department is hereby expressly prohibited from purchasing or making any distribution of hog cholera virus.
Ala. Code § 11-44D-20 — Alabama Code / Title 2 / Chapter 44D / Section 11-44D-20
Section 11-44D-20 Continuation of Ordinances and Resolutions
Status: reserved

All ordinances and resolutions of the municipality in effect at the time of the adoption of the new form of government shall continue in effect unless and until changed or repealed by the council.
Ala. Code § 11-44C-3 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-3
Section 11-44C-3 Form of Ballot; Marking of Ballot; Use of Voting Machines
Status: in_force

At such election the proposition to be submitted shall be printed in plain prominent type on ballots separate and distinct from ballots used for any other office or question and shall read as follows:

Check one of the following:

(1) Shall the mayor-council form of government, as provided by Act 85-229, be adopted for the city of _____?

Yes _____; or

(2) Shall the district commission form of government be adopted for the city of _____?

Yes _____.

The voter shall mark his ballot with a cross mark (X) after the proposition which expresses his choice. If voting machines are used at any voting place in such election, the above proposition may, at the discretion of the election commission or other body or official having charge of the conduct of municipal elections in such city, be submitted as a separate proposition on voting machines so used.
Ala. Code § 11-50-82 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-82
Section 11-50-82 Effect and Correction of Defects or Errors in Notice
Status: in_force

If there is any defect in said notice or proceedings before or subsequent to said notice with respect to one or more interested persons, the same shall not affect such notice or proceedings except insofar as it may touch the interest or property of such person or persons and shall not avail any other person concerned therein. In case of such defect, supplementary proceedings of the same general character as those prescribed in this division may be had in order to supply such defects.
Ala. Code § 2-25-12 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-12
Section 2-25-12 Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, Etc., Boxes, Packages Without Official Tags, Etc
Status: in_force

No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes, when not accompanied by the tag or certificate as provided in Section 2-25-11.
Ala. Code § 11-44E-73 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-73
Section 11-44E-73 Compensation; Increase or Decrease of Compensation; Bond
Status: in_force

The compensation of the mayor elected during the first election held under the terms of this chapter shall be the sum of $42,000.00 per annum.

The fees, salary, or compensation of the mayor whose election is authorized by this chapter shall not be increased or diminished during the term for which he (she) shall be elected provided, however, that the commission shall have authority and power to adjust such fees, salaries, or compensation for the succeeding term.

The mayor shall be bonded in the minimum amount of $50,000.00, and such additional amount as the commission may determine, if any. Such bond will be at the expense of the city.
Ala. Code § 2-8-356 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-356
Section 2-8-356 Referendum - Voting
Status: in_force

(a) If, in any referendum, a majority of the commercial shrimp boat owners and commercial fishermen licensed and authorized to do business in the state in the geographic area in which the referendum is conducted, and eligible to participate and voting in the referendum, vote in favor of the levying and collection of the assessment proposed in the referendum, then the assessment shall be levied and collected in the manner provided in this article. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate, and publicly declare and announce the results of the referendum.

(b) In the event a referendum fails to receive the required number of affirmative votes, then the certified association conducting the referendum may call another referendum in the next succeeding year on the question of an assessment and promotional program for shrimpers and seafood fishermen, either singularly or jointly, for a five-year period except that no referendum may be held within 12 months from the date on which the last referendum was held.

(c) In the event a referendum is passed and assessments are levied for the period set forth in the call for the referendum, the association conducting the referendum may call and conduct, during or after the last year of the assessment period, another referendum in which the commercial shrimp boat owners and seafood fishermen licensed and authorized to do business in the state, either singularly or jointly, may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendum authorized in this section shall be subject to all of the requirements of an original referendum conducted under this article.
Ala. Code § 2-16-2 — Alabama Code / Title 2 / Chapter 16 / Section 2-16-2
Section 2-16-2 Promulgation of Rules and Regulations as to Operation of Public Hatcheries, Shipping into State of Baby Chicks, Etc., Eradication and Control of Poultry Diseases, Etc., by Department Authorized
Status: in_force

In order to promote the poultry industry in this state, the Department of Agriculture and Industries is hereby authorized to make such regulations as may be necessary to set up minimum standards for the operation of public hatcheries, to regulate chick dealers and jobbers, to provide standards and to regulate shipping into this state of baby chicks, turkey poults and hatching eggs and for the control and eradication of contagious and infectious diseases of poultry.
Ala. Code § 11-65-7 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-7
Section 11-65-7 General Provisions Respecting Members of Commission
Status: in_force

No member shall vote on or participate in the discussion or consideration of any matter coming before a commission in which he, his immediate family, or any business enterprise with which he is associated has any direct or indirect pecuniary interest; provided, however, that when any such matter is brought before a commission, any member having an interest therein which may be in conflict with his obligations as a member shall immediately make a complete disclosure to such commission of any direct or indirect pecuniary interest he may have in such matter prior to removing himself and withdrawing from the commission’s deliberations and vote on the matter presented. In furtherance, and not in limitation of the foregoing provision, no member or employee of a commission, and no spouse, child, parent, brother, or sister of any such member or employee, (1) shall have any financial interest, direct or indirect, in any racing facility, business, or operation which is subject to the provisions of this chapter, or in any entity which has submitted an application for a license under this chapter, or in the operation of any wagering authorized under this chapter, (2) shall be an employee of any licensee or permit holder of the commission, or (3) shall participate as the owner of any horse or greyhound participating in any race or otherwise be interested in the outcome of any race subject to the jurisdiction of a commission or have any pecuniary interest in the purse or prize contested for in any such race. No appointed member or officer of a commission (e.g., any member or officer of a commission who does not serve as such by reason of his holding another office), no employee of a commission, and no spouse, child, parent, brother, or sister of any such appointed member or officer or of any such employee, shall make, or cause to be made on his or her behalf, any contribution to any holder of any office of the state or any office of the sponsoring municipality or the host county of such commission or any contribution to any candidate for any such office.

The mayor or other chief executive officer of the sponsoring municipality and the president or other designated presiding officer of the county commission of the host county shall perform the duties of a member of a commission, ex officio, without any compensation other than that to which they are respectively entitled as such municipal or county officers, and any member of a commission who is appointed by either of such officials pursuant to the provisions of Section 11-65-5 and who is a member of the governing body of the sponsoring municipality or the host county shall likewise perform his or her duties as such member without any compensation other than that to which he or she is entitled as a member of such municipal or county governing body. Except as otherwise provided in the preceding sentence and to the extent not in conflict with Section 280 of the Constitution of Alabama, appointed members of a commission, including deputy members appointed pursuant to subsection (c) of Section 11-65-5, shall be entitled to such compensation for their services as the commission shall from time to time provide by duly adopted resolution, provided that no appointed member or deputy member of a commission shall receive more than $100.00 for each day or part thereof spent in the performance of his duties. Each member, whether appointed or serving ex officio, shall be reimbursed for his or her reasonable expenses incurred in the performance of his or her duties as a member of a commission. The compensation and expenses of members and deputy members shall be paid out of the funds of a commission in accordance with such rules as shall be from time to time adopted by such commission.

A majority of the members (including any member represented by a deputy member) of a commission shall constitute a quorum for the transaction of business by such commission, and, in the absence of a rule incorporated in the bylaws of a commission that, in certain circumstances, may require the favorable vote of a designated percentage of all the members of a commission, decisions shall be made on the basis of a majority of the quorum then present and voting, with each member to have a single vote. No vacancy in the membership of a commission or the voluntary disqualification or abstention of any member thereof shall impair the right of a quorum to exercise all of the powers and duties of the commission.
Ala. Code § 11-44E-162 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-162
Section 11-44E-162 Statement of Campaign Contributions
Status: in_force

Each candidate for city office provided for by this chapter shall, not later than 30 days after the election, file with the city clerk his (her) sworn itemized statement in detail of each contribution received by him (her) or any person or committee acting in his (her) behalf, specifying the amount of same, the full name and address of the contributor, and each campaign-related expenditure in excess of $50.00, specifying the name and address of the person or company to whom the expenditure was made. The statement shall also list the total amount of contributions received and the total amount of campaign expenditures made by the candidate or any person or committee acting in his (her) behalf. The statement shall be published one time, at the expense of the city, in a newspaper of general circulation in the city.
Ala. Code § 11-55-1 — Alabama Code / Title 2 / Chapter 55 / Section 11-55-1
Section 11-55-1 Definitions
Status: in_force

Wherever used in this chapter, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:

(1) MUNICIPALITY. Any incorporated city or town in the State of Alabama.

(2) PROJECT. Any land and any building or other improvements thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use by the United States government for a post office in the municipality.

(3) GOVERNING BODY. The board or body in which the legislative powers of the municipality are vested.

(4) MORTGAGE. A mortgage or a mortgage and deed of trust.
Ala. Code § 2-25-18 — Alabama Code / Title 2 / Chapter 25 / Section 2-25-18
Section 2-25-18 Appeals to State Board from Findings or Orders of Commissioner
Status: in_force

The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by serving written notice of appeal on the commissioner within 10 days after receiving his orders or findings.

This appeal from the findings or orders of the commissioner shall lie to the State Board of Agriculture and Industries, which shall, as soon as practicable, hear and determine the same. The order of the said board shall be enforced by the circuit court upon filing a complaint by the commissioner setting forth said order and requesting enforcement of the same.
Ala. Code § 2-17-3 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-3
Section 2-17-3 Cattle, Sheep, Swine, Poultry, Etc., to Be Inspected Prior to Slaughter; Diseased Cattle, Sheep, Swine, Poultry, Etc., to Be Separately Slaughtered; Examination and Inspection of Carcasses of Slaughtered Animals Generally
Status: in_force

(a) For the purpose of preventing the use in intrastate commerce, as provided in this chapter, of meat and meat food products which are adulterated, the commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, goats, horses, mules and other equines before they shall be allowed into any slaughtering, packing, meat canning, rendering or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted solely for intrastate commerce, and all cattle, sheep, swine, goats, horses, mules and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, goats, horses, mules or other equines; and, when so slaughtered, the carcasses of such animals shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the commissioner as provided for in this chapter.

(b) For the purpose of preventing the use in intrastate commerce, as provided in this chapter, of poultry or poultry food products which are adulterated, the commissioner shall, where and to the extent considered by him necessary, cause to be made, by inspectors appointed for that purpose, an examination and inspection of all live poultry before they shall be allowed to enter into any slaughtering, packing, meat canning, rendering or similar establishment in this state in which slaughtering and preparation of poultry and poultry food products of such birds are conducted solely for intrastate commerce; and all birds found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other birds, and, when so slaughtered, the carcasses thereof shall be subject to careful examination and inspection, all as provided by rules and regulations to be prescribed by the commissioner.
Ala. Code § 11-40-17.1 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-17.1
Section 11-40-17.1 Class 1 Municipalities Authorized to Grant Pension Benefit Increases to Participants in Former Municipal Pension Plans
Status: in_force

The city council of any Class 1 municipality may grant pension plan benefit increases to retired employee participants, and their beneficiaries, in terminated or inactive former pension plans of any Class 1 municipality, provided the increases shall not exceed the increases granted to retired participants in the City of Birmingham Retirement and Relief System created under Act No. 929, 1951 Regular Session, as amended. The benefit increases may be retroactive but shall be granted only after the city council receives the opinion of a licensed actuary regarding the cost of any increase.
Ala. Code § 11-46-38 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-38
Section 11-46-38 Electors to Vote in Wards or Precincts of Residence, Etc.; Qualifications for Voting
Status: in_force

(a) At all municipal elections, a qualified elector may vote only in the ward or precinct of his or her residence where he or she is registered to vote.

(b) An individual may not vote at any municipal election unless he or she is a qualified elector of the State of Alabama, has resided in the county 30 days and in the ward 30 days prior to the election, and has registered to vote in conformance with the time frame set forth in Section 17-3-50; provided, however, if a qualified elector relocates his or her residence from one ward to another ward in the same city or town within the 30-day period prior to the election, the elector shall have the right to vote in the ward where the elector had previously resided if he or she would have been entitled to vote in that ward but for relocating to the new ward. If any elector attempts to vote in any ward other than that of his or her residence, except as authorized in this section, his or her vote must be rejected.
Ala. Code § 11-48-22 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-22
Section 11-48-22 Delivery of Assessment Book to City or Town Clerk; Publication of Notice as to Delivery and Inspection of Book, Etc
Status: in_force

After the completion of the proper entries of each improvement, said book shall be delivered to the city or town clerk, who shall thereupon give notice by publication one time in some newspaper published in said municipality or of general circulation therein that said assessment roll or list has been delivered to him and is open for inspection in the office of the person authorized to make collection of said assessments.
Ala. Code § 11-56-3 — Alabama Code / Title 2 / Chapter 56 / Section 11-56-3
Section 11-56-3 Application for Authority to Form Corporation; Adoption of Resolution by Governing Body Authorizing Incorporation; Procedure for Incorporation Generally
Status: in_force

Whenever any number of natural persons, not less than three, shall file with the governing body an application in writing for authority to incorporate a corporation under the provisions of this chapter, if it shall be made to appear to the governing body that each of the said persons is a duly qualified elector of and property owner in the municipality, and, if the governing body shall duly adopt a resolution wherein it shall be declared that it will be wise, expedient, and necessary that such a corporation be formed and that the persons filing such application shall be authorized to proceed to form such corporation, then the said persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this chapter.

No corporation shall be formed under this chapter unless the application provided for in this section shall be made and unless the resolution provided for in this section shall be adopted.
Ala. Code § 2-15-162 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-162
Section 2-15-162 Reappraisal of Animals
Status: in_force

If the owner shall refuse to accept the appraisal provided for in Section 2-15-161, the animals shall be appraised by three competent and disinterested appraisers, one to be selected by the duly commissioned representative of the State Veterinarian or the representative of the United States Secretary of Agriculture duly commissioned by the State Veterinarian, one by the owner and these two to select a third.
Ala. Code § 11-74-3 — Alabama Code / Title 2 / Chapter 74 / Section 11-74-3
Section 11-74-3 Corporation Created; Purpose; Composition; Board of Directors; Certificate of Incorporation; Liability; By-Laws
Status: in_force

(a) There is created the Africatown Redevelopment Corporation.

(b) The purpose of the corporation shall be the revitalization of housing, preservation of history, and attraction and development of commerce in the area known as the Africatown Historic District.

(c) All corporate powers of the corporation shall be exercised by or under authority of, and all the business and affairs of the corporation shall be managed under, a board of directors, which shall consist of the following:

(1) Two appointees by the city council member representing the district that, on the date of appointment, includes a majority of the territory within the Africatown Historic District. One appointee shall be an expert in real estate development, and the other appointee shall be an expert in historic preservation.

(2) Two appointees by the mayor of the Class 2 municipality. One appointee shall be an expert in city planning and neighborhood revitalization, and the other appointee shall be an expert in banking and finance.

(3) One appointee by the county commissioner representing the district that, on the date of appointment, includes a majority of the territory within the Africatown Historic District. The appointee shall be an expert in economic development.

(4) One appointee by the member of the Alabama House of Representatives representing the district that, on the date of appointment, includes a majority of the territory within the Africatown Historic District.

(5) One appointee by the member of the Alabama Senate representing the district that, on the date of appointment, includes a majority of the territory within the Africatown Historic District.

(6) One resident of the Africatown Historic District, appointed by The Clotilda Descendants’ Association.

(7) One resident of the Africatown Historic District, appointed by the Africatown Heritage Preservation Foundation.

(d)(1) The appointing authorities shall make their initial appointments by May 12, 2021.

(2) The appointing authorities shall ensure that their appointments reflect the racial, gender, geographic, and economic diversity of the Africatown Historic District.

(e)(1)a. Except as provided in subdivision (2), each member of the board of directors shall serve for a term of two years and shall serve until a successor is appointed.

b. In the event of any vacancy, a successor shall be appointed in the same manner as the seat was previously filled, and the appointee shall serve for the remainder of the term for the seat that was vacated.

(2)a. Each of the following members of the board of directors appointed prior to the first meeting of the board shall serve for an initial term of two years:

1. The member appointed by the mayor of the Class 2 municipality who is an expert in city planning and neighborhood revitalization.

2. The member appointed by the city council member who is an expert in historic preservation.

3. The member appointed by the county commissioner who is an expert in economic development.

4. The member appointed by The Clotilda Descendants’ Association.

5. The member appointed by the member of the Alabama Senate.

b. Each of the following members of the board of directors appointed prior to the first meeting of the board shall serve for an initial term of one year:

1. The member appointed by the mayor of the Class 2 municipality who is an expert in banking and finance.

2. The member appointed by the city council member who is an expert in real estate development.

3. The member appointed by the Africatown Heritage Preservation Foundation.

4. The member appointed by the member of the Alabama House of Representatives.

(f)(1) The board of directors shall have its first meeting at a time and place designated by the member of the Alabama House of Representatives representing the district that includes the Africatown Historic District on April 12, 2021.

(2) At the first meeting, the board shall elect a chair and vice-chair. Thereafter, a new chair and vice-chair shall be elected at the first meeting of each calendar year.

(g) No later than three days after the first meeting of the board, the board shall act as incorporators of the corporation by signing the certificate of incorporation and delivering the same to the Secretary of State for filing. The certificate of incorporation shall state all of the following:

(1) The names of the individuals forming the corporation, and that each of them is a resident of the municipality.

(2) The name of the corporation, which shall be the “Africatown Redevelopment Corporation.”

(3) The period for the duration of the corporation. If the duration is to be perpetual, that fact shall be stated.

(4) The name of the municipality.

(5) The location of the principal office of the corporation, which shall be within the Africatown Historic District.

(6) That the corporation is organized pursuant to this chapter.

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

(h) Upon filing of the certificate of incorporation, the corporate existence shall begin.

(i) Members of the board of directors shall be immune from civil liability for actions taken in the conduct of their duties, and shall not be liable for the obligations of the corporation.

(j) The corporation may adopt, amend, or repeal bylaws to govern the operations of the corporation. The bylaws shall be consistent with this chapter and the laws of the state.
Ala. Code § 2-8-57 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-57
Section 2-8-57 Expenditure of Assessments
Status: in_force

The funds derived from any assessments levied upon the sale of swine as authorized under this article shall be used and expended by the certified association, after such funds are remitted to it by the Commissioner of Agriculture and Industries, for the purpose of promoting and stimulating by advertising and other methods the increased use and sale of swine and swine products, and such funds may also be used for the financing or contributing toward the financing of research, experimental and educational programs for the efficient and economical production, distribution, processing and marketing of swine and swine products. The certified association may enter into cooperative agreements with appropriate agencies of any public or private institution or organization, and funds derived from assessments, to the extent agreed upon, may be contributed to such public or private institution or agency for such research, experimental and educational work performed pursuant to such an agreement. The certified association may also formulate and establish a plan for advertising and sales promotion and, to carry out such a promotional program, agreements may be entered into with advertising and public relations agencies or similar organizations. All funds expended under this article shall be expended for purposes consistent with and in keeping with the purpose or purposes of this article. Any funds expended by the certified association inconsistent with such purposes and provisions shall be deemed an unauthorized expenditure of such funds. Any funds approved for expenditure under this article for a promotional program as authorized under this article are hereby appropriated for disbursement and expenditure by said certified association to carry out any such approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for such disbursements or expenditures nor shall such disbursements or expenditures be subject to the budget and allotment requirements of Article 4 of Chapter 4 of Title 41 of this Code, and such disbursements and expenditures shall not be restricted or subject to any other requirements for general or special appropriations. The payment of salaries, purchase of equipment and payment of other expenses necessary to carry out the provisions, requirements and purposes of this article shall be deemed authorized expenditures from funds received from assessments levied under this article.
Ala. Code § 2-2-33 — Alabama Code / Title 2 / Chapter 2 / Section 2-2-33
Section 2-2-33 Duty to Perform Tests or Analyses; Delegation; Use of Results
Status: in_force

(a) Whenever it shall be necessary to have any tests or analyses made in order to properly execute any law or rule and regulation under authority of law, the execution or administration of which is a duty imposed on the commissioner or the State Board of Agriculture and Industries, the commissioner shall make such tests or analyses or cause to be made such tests or analyses by employees of the Department of Agriculture and Industries or as otherwise provided in subsection (b).

(b) The commissioner, with approval of the State Board of Agriculture and Industries, may enter into agreements delegating the responsibility for laboratory tests or analyses to any laboratory operated by the United States government or any other state government. The commissioner may use the results of tests or analyses performed by these laboratories for the execution or administration of any law or rule imposed on the commissioner or the State Board of Agriculture and Industries.
Ala. Code § 11-50A-30 — Alabama Code / Title 2 / Chapter 50A / Section 11-50A-30
Section 11-50A-30 Construction
Status: in_force

This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Ala. Code § 11-50-342 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-342
Section 11-50-342 Qualifications, Appointment, Terms of Office, Compensation, and Removal of Members of Board; Oath and Bond Thereof; Vacancies; Election of Officers; Quorum
Status: in_force

(a) Each board of water and sewer commissioners shall consist of three members appointed by the council. The members first appointed shall serve for terms of two, four, and six years, respectively, from the date of the judge of probate’s certificate mentioned in subsection (c) of Section 11-50-341 and until their successors shall be duly appointed and qualified; provided, however, that a council which has heretofore created or hereafter creates a board as provided in this article may, at its option, increase the board from three to five members to serve according to all the conditions and terms set forth in this article. In the event the council elects to increase the membership of the board from three to five members, one member added to the board shall be appointed to serve for a term of four years, and the remaining member of the board shall be appointed for a term of six years. The successor of any member of the board shall be appointed for a term of six years, but any person appointed to fill a vacancy shall be appointed to serve only for the unexpired term, and a member of the board shall be eligible for reappointment.

(b) Any member of the board may be removed by the council for misfeasance, malfeasance, or willful neglect of duty, but only after a reasonable notice and a public hearing unless the same are in writing expressly waived.

(c) Each member of the board before entering upon his duties shall take an oath to administer the duties of his office faithfully and impartially, and a record of each oath shall be filed in the office of the city clerk.

(d) Any officer of the city may be appointed to the board; provided, however, that at no time may more than two members of a three member board or three members of a five member board be officers of the city.

(e) The board shall elect one of its members as chairman of the board and another as vice-chairman and shall also elect a secretary-treasurer who need not be a member of the board.

(f) The chairman, vice-chairman, and secretary-treasurer shall serve as such officers at the pleasure of the board. In the event the board consists of three members, two members shall constitute a quorum, and the affirmative vote of two members shall be necessary for any action taken by the board. In the event the board consists of five members, three members shall constitute a quorum, and the affirmative vote of three members shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board.

(g) Before the issuance of any revenue bonds under the provisions of this article, each member of the board and the secretary-treasurer shall execute a surety bond in such penal sum as may be fixed by the council of the city, each such surety bond to be conditioned upon the faithful performance of the duties of his office, to be executed by a surety company authorized to transact business in the state as a surety and to be approved by the city attorney and filed in the office of the city clerk.

(h) The members of the board shall receive such salaries for their services as may be fixed by the council from time to time; provided, however, that no officer of the city serving as a member of the board shall receive any salary. Each member of the board shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties.
Ala. Code § 2-22-6 — Alabama Code / Title 2 / Chapter 22 / Section 2-22-6
Section 2-22-6 Cancellation or Refusal of Licenses
Status: in_force

The commissioner is authorized and empowered to cancel the license of any licensee or refuse to issue a license to any applicant upon satisfactory evidence that the licensee or applicant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter or any rules and regulations promulgated thereunder; provided, that no license shall be revoked or refused until the licensee shall have been given the opportunity to appear for a hearing before the board, with the further opportunity of appealing to a court of competent jurisdiction for judicial review of such revocation or refusal.
Ala. Code § 11-43-43 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-43
Section 11-43-43 Powers and Duties Generally
Status: in_force

All legislative powers and other powers granted to cities and towns shall be exercised by the council, except those powers conferred on some officers by law or ordinance. The council shall perform the duties required by this title and other applicable provisions of law.
Ala. Code § 2-8-102 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-102
Section 2-8-102 Permit Required of Buyers of Soybeans
Status: in_force

Any individual, partnership, corporation, association or other business unit which buys soybeans in Alabama from the producer thereof shall, in the event assessments are required to be deducted from the purchase price of such soybeans under the provisions of this article, obtain from the Commissioner of Agriculture and Industries an annual permit which shall authorize such individual or business firm to engage in the business of buying soybeans in Alabama. The permit required by this section shall expire on June 30 in each year and shall be renewable as of July 1 unless revoked by the commissioner for failure to comply with the provisions of this article. The application for the annual permit as required by this section shall be accompanied by a fee of $5.00, which shall be deposited by the commissioner in the State Treasury to the credit of the Agricultural Fund. The permit shall be conditioned upon compliance with the provisions of this article and rules and regulations duly adopted for carrying out the requirements of this article relative to the deduction and remittance of assessments by individuals or business firms buying soybeans in Alabama, whether such individuals or business firms are domiciled in Alabama or another state.
Ala. Code § 11-67-66 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-66
Section 11-67-66 Confirmation of Report; Weed Liens
Status: in_force

At the time fixed for receiving and considering the report, the governing body shall hear the report, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating the nuisance and thereupon make modifications in the report as deemed necessary, after which by motion or resolution the report shall be confirmed. The amounts of the cost for abating the nuisance in front of or upon the various parcels of land mentioned in the report shall hereinafter be referred to as “weed liens,” and shall constitute a weed lien on the property for the amount of the weed liens, respectively. After confirmation of the reports, a copy shall be given to the tax collector or revenue commissioner of the county who, under the “Optional Method of Taxation,” is charged with the collection of the municipal taxes pursuant to Article 1, Division 2, Chapter 51, of Title 11. It shall be the duty of the county tax collector or revenue commissioner to add the costs of the respective weed liens to the next regular bills for taxes levied against the respective lots and parcels of land subject to a weed lien, and thereafter, the costs shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency; provided, however, that if the foreclosure and sale is the result of a delinquency caused by a weed lien, the municipality shall reimburse the county tax collector or revenue commissioner for all costs associated with the foreclosure and sale unless the costs are collected at the time of sale as part of the sale.
Ala. Code § 22-57-20 — Alabama Code / Title 2 / Chapter 57 / Section 22-57-20
Section 22-57-20 Establishment of Regional Autism Centers; Constituency Board; Rules and Regulations
Status: in_force

(a)(1) There is established in determined geographic regions of the state one or more autism centers whose purpose is to provide nonresidential resource and training services for persons of all ages and of all levels of intellectual functioning who have any of the following:

a. Autism.

b. A pervasive developmental disorder that is not otherwise specified.

c. As determined by the Alabama Interagency Autism Coordinating Council, other disability populations which may receive benefit from the services and activities of the regional centers.

(2) Each center shall be operationally and fiscally independent, and provide evidence-based services within its geographical region of the state. Service delivery shall be consistent for all centers. Each center shall coordinate services within and between state and local agencies and school districts but may not duplicate services provided by those agencies or school districts. The respective locations and service areas of the centers shall be recommended by the Alabama Interagency Autism Coordinating Council and selected by the Governor, the Lieutenant Governor, and Speaker of the House of Representatives.

(b)(1) There is established for each center a constituency board, which shall work collaboratively with the center. Each board shall consist of no fewer than six members, each of whom is either an individual who is, or a member of a family that includes, a person who has a disability that is described in subsection (a).

(2)a. The Governor, the Lieutenant Governor, and Speaker of the House of Representatives shall select the members for the board from a list that has been developed by the Alabama Interagency Autism Coordinating Council and other relevant constituency groups that represent persons who have sensory impairments as described in subsection (a). The Governor, the Lieutenant Governor, and Speaker of the House of Representatives shall appoint members who reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

b. As representatives of the center’s constituencies, these boards shall meet quarterly with the staff of each of the centers to provide advice on policies, priorities, and activities. Each board shall submit to the Alabama Interagency Autism Coordinating Council an annual report that evaluates the activities and accomplishments of its center during the year.

(c) To promote statewide planning and coordination, a conference shall be held annually for staff from each of the centers and representatives from each center’s constituency board. The purpose of the conference shall be to facilitate coordination, networking, cross-training, and feedback among the staffs and constituency boards of the centers.

(d) Each center shall provide the following:

(1) A staff that has expertise in autism and related disabilities.

(2) Individual and direct family assistance in the home, community, and school. A center’s assistance may not supplant other responsibilities of state and local agencies, and each school district shall be responsible for providing an appropriate education program for clients of a center who are school age, inclusive of preschool special education.

(3) Technical assistance and consultation services, including specific intervention and assistance for a client of the center, the family of the client, and the school district, and any other services that are appropriate.

(4) Professional training programs that include developing, providing, and evaluating preservice and inservice training in state-of-the-art practices for personnel who work with the populations served by the centers and their families.

(5) Public education programs to increase awareness of the public about autism and autistic-related disabilities.

(e) The number of regional centers shall be determined by the Alabama Interagency Autism Coordinating Council, and where possible, the centers shall be based on the campuses of state universities and colleges which provide a proposal for a center to the Alabama Interagency Autism Coordinating Council.

(f) The Alabama Interagency Autism Coordinating Council and the regional autism centers shall adopt the necessary rules to implement and administer this section.

(g) The provisions of this section shall become operative only when funds are appropriated by the Legislature through a line item appropriation.
Ala. Code § 11-54B-17 — Alabama Code / Title 2 / Chapter 54B / Section 11-54B-17
Section 11-54B-17 Operation in Other Designated Project Areas
Status: in_force

This article shall not prohibit a municipality from including a self-help business improvement district within the bounds of any area, district, or zone including enterprise zones established pursuant to law which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation of properties located within those boundaries, or the inducement of private enterprises to locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special public financing arrangements.
Ala. Code § 11-48-33 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-33
Section 11-48-33 Enforcement of Assessment Liens in Circuit Court
Status: in_force

In addition to the method hereinafter provided in this article for the collection of such assessments, the circuit court may enforce said liens, and in all civil actions which may be brought to enforce said liens either by the municipality or by its assigns, the complainant shall recover the amount of such assessment, with interest thereon, together with the cost of such proceedings.
Ala. Code § 11-49B-17 — Alabama Code / Title 2 / Chapter 49B / Section 11-49B-17
Section 11-49B-17 Annual Budgets and Audits Required
Status: in_force

Within 30 days of the beginning of the fiscal year of an authority, the board shall adopt a budget for the fiscal year. The budget may be amended by a resolution of the board at any time. Within 30 days following the close of each fiscal year the authority shall cause an audit of its books and records to be made for the fiscal year by an independent certified public accountant. Within 90 days following the close of each fiscal year, the authority shall furnish a copy of the report of the audit to the governing bodies of the authorizing county, the principal municipality, and each participating municipality.
Ala. Code § 11-43-143 — Alabama Code / Title 2 / Chapter 43 / Section 11-43-143
Section 11-43-143 Municipal or State Firefighters or Firemen Not to Strike, Assert Right to Strike, Etc.; Rights to Join Labor Organizations, Etc
Status: in_force

(a) No person shall accept or hold any commission or employment as a firefighter or fireman in the service of the state or of any municipality in the state who participates in any strike or asserts the right to strike against the state or any municipality of the state, or be a member of an organization of employees that asserts the right to strike against the state or any municipality in the state knowing that such organization asserts such right.

(b) All firefighters serving the state or any municipality in the state either as paid firemen or as volunteer firefighters who comply with the provisions of this section are assured the right and freedom of association, self-organization, and the right to join or to continue as members of any employee or labor organization which complies with this section, and shall have the right to present proposals relative to salaries and other conditions of employment by representatives of their own choosing. No such person shall be discharged or discriminated against because of his exercise of such right, nor shall any person or group of persons, directly or indirectly, by intimidation or coercion compel or attempt to compel any firefighter or fireman to join or refrain from joining a labor organization.
Ala. Code § 2-13-17 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-17
Section 2-13-17 Substitutes for Butter and Cheese - Required Stamping or Marking on Containers
Status: in_force

A substitute for butter and cheese not having a yellow color nor colored in imitation of butter and cheese may be manufactured, sold, shipped, possessed, consigned or forwarded by common carriers, public or private, if each tub, firkin, box or other package in which the same is kept, sold, shipped, consigned or forwarded shall have branded, stamped or marked on the side or top thereof in the English language in a durable manner the words “substitute for butter” or “substitute for cheese,” as the case may be, the letters of the words to be black Gothic and not less than one inch in height by one inch in width. The defacing, erasing, cancelling or removing of this brand or mark with intent to mislead, deceive or violate any section of this article is prohibited.
Ala. Code § 11-67-123 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-123
Section 11-67-123 Failure to Abate Condition; Assessing Cost of Abatement
Status: in_force

(a) If the owner fails, neglects, or refuses to abate the condition after notice to do so, the enforcing official shall cause the offending grass or weeds to be cut.

(b) Upon completion of the abatement work performed by the municipality, including work by contractors employed by the city, the enforcing official shall compute the actual expenses, including, but not limited to, total wages paid, value of the use of equipment, advertising expenses, postage, and materials purchased, which were incurred by the municipality as a result of the work. An itemized statement of the expenses shall be provided by certified letter with signature receipt required to the last known address of the owner of the property. This notice shall be sent at least five days in advance of the time fixed by the city council to consider the assessment of the cost against the property.

(c) At the time fixed for receiving and considering the statement, the council shall hear the same, together with any objections which may be raised by the owner whose property is liable to be assessed for the work and make modifications in the statement as deemed necessary, after which a resolution may assess the cost. The cost stated in the resolution shall constitute a lien on the property. The revenue officer shall charge the assessments against the respective lots or parcels of land for municipal purposes. Thereafter, the amounts shall be collected at the same time and in the same manner as ordinary municipal assessments are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal assessments.

(d) The revenue officer shall cause a certified copy of the resolution assessing the cost of abatement to be filed for recording in the office of the judge of probate and shall forward a copy to the Lee County Revenue Commissioner. Upon a filing, the Lee County Revenue Commissioner shall add the amount of the lien to the ad valorem tax bill on the property and shall collect the amount as if it were a tax, using all methods available for collecting ad valorem tax, and remit the amount to the municipality.
Ala. Code § 11-43A-82 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-82
Section 11-43A-82 Duties, Powers, and Rights of Mayor
Status: in_force

The mayor shall preside at the meetings of the council and shall be recognized as the head of the municipal government for all ceremonial purposes. The mayor shall have the power to veto all ordinances and resolutions of a general and permanent nature, but shall otherwise have no vote on the council. An affirmative vote of five out of seven council members shall be required to override the veto of the mayor. The mayor shall have the right to bring any matter relating to the municipality to the council for discussion and debate, and the mayor shall have the right to enter into discussion and debate of all matters brought before the council and shall be notified of all meetings of the council.

The mayor shall have the power to appoint members of boards, authorities, and commissions only to the extent that such power is otherwise provided mayors in general by law. However, the mayor shall also have the power to appoint himself or, alternatively, one member to any ad hoc committee created or established by the council other than a standing committee consisting only of members of the council.
Ala. Code § 11-50-90 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-90
Section 11-50-90 Appeals from Assessments
Status: in_force

Any person aggrieved by the decision of the council in making any assessment may appeal to the circuit court under the provisions of this Code or the Alabama Rules of Appellate Procedure providing for appeals from decisions of city or town councils in making local assessments, and such appeals shall be tried as provided therein and appeal taken to the Supreme Court or Court of Civil Appeals as therein provided.
Ala. Code § 11-50-315 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-315
Section 11-50-315 Execution, Etc., of Contracts as Security for Repayment of Moneys Borrowed
Status: in_force

To further secure the repayment of any money borrowed by it such corporation may enter into a contract or contracts binding itself for the proper application of the money borrowed, for the continued operation and maintenance of any system or systems owned by it or any part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation of reasonable regulations respecting any service furnished from its system or systems, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent with the provisions of this article for the protection of the loan and the assurance that the revenues from its system or systems will be sufficient to operate such system or systems, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues, and maintain such reserves as may be deemed appropriate for the protection of the loan and the efficient operation of such system or systems.
Ala. Code § 11-53B-14 — Alabama Code / Title 2 / Chapter 53B / Section 11-53B-14
Section 11-53B-14 Redemption Effected
Status: in_force

Redemption may be effected after expiration of the fixed two-year period of redemption allowed or provided by Section 11-53B-10 and before the extended period of redemption has expired in the same manner and at the same redemption price as is provided in Section 11-53B-10; provided, that if the judge of probate has made the certificate of warning to redeem as provided in Section 11-53B-12, said redemption price shall be increased by one dollar ($1).
Ala. Code § 2-13-93 — Alabama Code / Title 2 / Chapter 13 / Section 2-13-93
Section 2-13-93 Rules and Regulations
Status: in_force

The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to promulgate and adopt rules and regulations to effectuate the evident intent and purposes of this article. All rules and regulations promulgated under this article shall be in writing, and said rules and regulations shall become effective 30 days after a copy of the same has been posted in the office of the commissioner. The commissioner shall mail a copy of all such rules and regulations to each holder of a permit issued under this article, addressed to such permit holder at his last known address. No rule or regulation under the authority of this article shall become effective prior to the expiration of 30 days from the date of its promulgation and posting as aforesaid.
Ala. Code § 11-43B-12 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-12
Section 11-43B-12 Vacancies in Offices of Mayor, President of Council, and Councilman
Status: in_force

In the event of a vacancy, from any cause, in the office of mayor, the council shall appoint a person to succeed to the office of mayor for the unexpired term. In the event of a vacancy in the office of the president of the council, the office shall be filled from the membership of the council. In the event of a vacancy, from any cause, in the office of councilman, the council shall appoint a person from the district in which such vacancy occurs to succeed to the office of councilman for the unexpired term.
Ala. Code § 11-52-35 — Alabama Code / Title 2 / Chapter 52 / Section 11-52-35
Section 11-52-35 Buildings Not to Be Erected or Building Permits Issued in Territory for Which Major Street Plan Adopted until Street Providing Access to Proposed Building Accepted, Etc
Status: in_force

From and after the time when a planning commission shall have adopted a major street plan of the territory within its subdivision jurisdiction or part thereof, no building shall be erected on any lot within such territory or part nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed shall have been accepted or opened as or shall otherwise have received the legal status of a public street prior to that time or unless such street corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the planning commission or with a street on a street plat made by and adopted by the commission or with a street accepted by council after submission to the planning commission by the favorable vote required in Section 11-52-34.

Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated and have it removed.
Ala. Code § 11-51-12 — Alabama Code / Title 2 / Chapter 51 / Section 11-51-12
Section 11-51-12 Filing of List in Circuit Court; Entry of Civil Actions for Assessments on Trial Docket; Issuance, Execution, and Return of Summons Notifying Owners of Institution of Proceedings Against Property Generally
Status: in_force

Such lists shall be filed with the register or clerk of the circuit court. The register or clerk shall cause to be entered on the trial docket in such court in a well-bound book kept for that purpose a civil action for each assessment of property of the city or town against such property so assessed. Said docket shall show the amount of the taxes sought to be collected, a description of the property and the name of the owner, if known.

Upon the filing of the certificate, the register or clerk is directed to issue a summons, as in other civil actions, containing a description of the property and notifying each owner of the filing of the proceedings against his property. Only one summons, however, shall be necessary if two or more pieces of property are assessed to the same owner. Such summons shall forthwith be executed by the sheriff and returned to the register within 10 days.
Ala. Code § 11-46-107 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-107
Section 11-46-107 Preparation, Certification, Filing, and Publication of Lists of Qualified Regular Voters
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-44-6 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-6
Section 11-44-6 Conduct of Election, Canvassing of Vote, and Declaration of Election Result; Adoption and Certification of Provisions of Article
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-50A-11 — Alabama Code / Title 2 / Chapter 50A / Section 11-50A-11
Section 11-50A-11 Validation of Contracts
Status: in_force

When payments required by the provisions of Section 11-50A-17 to be made by any municipality authorized to contract with the authority pursuant to Section 11-50A-17 are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make parties defendant to that action every municipality which has contracted with the authority for the output, capacity, use or service of the project for which bonds are sought to be validated. Notice to the taxpayers and citizens of such municipality shall be made as provided in Section 11-81-222(d). Every other party, public or private, contracting with the authority in any manner with relation to the construction, ownership or operation of the project for which bonds are sought to be validated may also be made parties defendant to that action.
Ala. Code § 11-44C-21 — Alabama Code / Title 2 / Chapter 44C / Section 11-44C-21
Section 11-44C-21 Powers of Council; Dealings with Officers and Employees in Administrative Service
Status: in_force

All legislative powers of the city, including all powers vested in it by this chapter, by the laws, general and local, of the state, and by the Code of Alabama 1975, as amended, and the determination of all matters of legislative policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power to:

(1) Upon recommendation of the mayor, establish administrative departments and distribute the work of divisions,

(2) Adopt the budget of the city,

(3) Authorize the issuance of bonds or warrants,

(4) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs,

(5) Appoint the members of all boards except the planning commission and the housing board and the Airport Authority and the Industrial Development Authority,

(6) Succeed to all the powers, rights and privileges conferred upon the former governing body of the city by statutes in effect at the time of adoption by the city of the mayor-council form of government and not in conflict with this chapter,

(7) Levy property, sales and license taxes and local improvement assessments.

Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from office, or in any manner take part in the appointment or removal of officers and employees in the administrative service to the city. Except for the purpose of inquiry, the members of the council shall deal with the administrative service only through the mayor. Members of the council shall not give orders to any subordinates of the mayor, either publicly or privately. Any councilman violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilman.
Ala. Code § 11-42-106 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-106
Section 11-42-106 Powers, Duties, Rights, Etc., of Consolidated Municipalities; Continuation of Civil Actions as to Consolidated Municipalities
Status: in_force

(a) The consolidated city or town shall succeed to all the powers, obligations, duties, rights of action, property, and rights of property that belonged to or appertained to the municipalities consolidated and shall have all the rights, powers, and privileges delegated to municipalities under the applicable provisions of this title and shall be subject to all the duties, liabilities, or obligations of such municipalities.

(b) All civil actions pending in favor of or against either of the municipalities shall continue to judgment unaffected by the consolidation and may be enforced in favor of or against such consolidated city or town as if commenced by or against such consolidated city or town.
Ala. Code § 11-49-102 — Alabama Code / Title 2 / Chapter 49 / Section 11-49-102
Section 11-49-102 Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Payment of Costs Thereof
Status: in_force

The state, county, or municipality or the railroad or street railroad company or corporation for whose use as a site in whole or in part for a public building or a railroad station or depot or street railroad station or depot the vacation is proposed to be made shall pay the cost of such publication and notice.
Ala. Code § 11-46-98 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-98
Section 11-46-98 Appointment, Compensation, Etc., of Election Officers
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 11-74-1 — Alabama Code / Title 2 / Chapter 74 / Section 11-74-1
Section 11-74-1 Applicability
Status: in_force

This chapter shall apply only to a Class 2 municipality.
Ala. Code § 11-43C-44 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-44
Section 11-43C-44 General Fund Budget
Status: in_force

The general fund budget shall include for each public utility owned by the city only the net amounts estimated to be received from or to be appropriated to each public utility. The general fund budget shall be prepared in accordance with accepted principles of municipal accounting and budgetary procedures and techniques, and shall show:

(1) Such portion of the general fund cash surplus as it is estimated will exist, at the end of the current fiscal year, and is proposed to be used for meeting expenditures in the general fund budget for the ensuing year;

(2) An estimate of the receipts from current ad valorem taxes on real estate and tangible personal property during the ensuing fiscal year, assuming that the percentage of the levy collected be no greater than the average percentage of the levy collected in the last three completed tax years;

(3) An estimate of receipts from all other sources of revenue, provided that the estimated receipts from each such source shall not exceed the percentage of estimated revenue in the current fiscal year from the same source over the amount of the revenue received from the same source in the last completed fiscal year, unless a law or ordinance under which revenue from any source is derived, has been amended or a new source of revenue has been provided by law or ordinance, in the course of the current year, in which case the estimated receipts from that source may be fixed by the mayor. If additional revenue is to be derived from the state, the amount fixed by the mayor shall not exceed the amount which the proper state official shall certify in writing to be the reasonable expectation of receipts from such source;

(4) A statement to be furnished by the head of the division of finance of the debt service requirements for the ensuing year and future years;

(5) An estimate of the general fund cash deficit, if any, at the end of the current fiscal year and of any other obligations required by law to be budgeted for the ensuing fiscal year; and

(6) An estimate of expenditures and appropriations for all other purposes to be met from the general fund in the ensuing fiscal year. All the estimates shall be in detail showing receipts by sources and expenditures by operating units, character, and object, so arranged as to show receipts and expenditures as estimated for the current fiscal year and actual receipts and expenditures for the last fiscal year, in comparison with estimated receipts and recommended expenditures for the ensuing fiscal year.
Ala. Code § 2-3A-7 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-7
Section 2-3A-7 Powers of Authority; Open Meetings
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 the provisions of Section 2-3A-14) specified in its certificate of incorporation;

(2) To sue and be sued in its own name in civil suits and actions, and to defend suits against it;

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

(4) To adopt, alter and repeal bylaws, not inconsistent with the provisions of this article, for the regulation and conduct of its affairs and business;

(5) To loan its funds to one or more persons to be used by such persons to pay the costs of agricultural operations, such loans to be on such terms and conditions, and for such period of time, and secured or evidenced by such mortgages, deeds of trust, notes, debentures, bonds or other secured or unsecured evidences of indebtedness of such persons as the board may determine;

(6) To purchase, or to make commitments to purchase, from lenders mortgages, deeds of trust, notes, debentures, bonds or other secured or unsecured debt obligations or portions thereof or participations therein, which mortgages and other instruments were executed by the obligors thereon to obtain funds for agricultural operations;

(7) To contract with lenders or others for the origination of or the servicing of the loans made by the authority pursuant to subdivision (5) of this section or represented by the mortgages or other instruments which it has purchased pursuant to subdivision (6) of this section; provided that such servicing fee shall not exceed one percent per annum of the principal amount outstanding owed to the authority;

(8) To foreclose any mortgages, deeds of trust, notes, debentures, bonds and other security interests held by it, either by action or by exercise of a power of sale, and to sell the equity of redemption in said security interests in accordance with the terms of said instruments and applicable state law, and to take all such other actions as may be necessary to enforce any obligation held by it;

(9) To purchase the equity of redemption in any such mortgage, deed of trust, note, debenture, bond or other security interest;

(10) To receive and accept, from any source, aid or contributions of money, property, labor or other items of value for furtherance of any of its purposes, subject to any conditions not inconsistent herewith or with the laws of this state pertaining to such contributions, including, but without limitation to, gifts or grants from any department, agency or instrumentality of the United States of America;

(11) To collect such fees and charges in connection with its loans, advances, insurance, commitments, servicing and other activities as it may determine;

(12) To sell at either public or private sale, with or without public bidding, any mortgage, deed of trust, note, debenture or other obligation held by the authority;

(13) To procure such insurance and guarantees as the board may deem advisable, including, but without limitation to, insurance or guarantees against any loss in connection with any notes or obligations held by it, and any of its property or assets, and for payment of any bonds or other obligations issued by the authority, in such amounts and from such public or private entities, as it may deem advisable, and to pay premiums or other charges for any such insurance or guarantees;

(14) To borrow money and to sell and issue its bonds for any corporate function, use or purpose authorized herein;

(15) To mortgage, pledge, assign or grant security interests in any or all of its notes or other instruments, contract rights or other property, including, but without limitation to, any receipts from insurance on or guarantees of any of its notes or other instruments, as security for the payment of the principal of and interest on any bonds issued by the authority, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which said bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith;

(16) To execute and deliver, in accordance with the provisions of this section and of Section 2-3A-8, mortgages and deeds of trust and trust indentures, or either;

(17) To appoint, employ, contract with, and provide for the compensation of, such officers, employees and agents, including, but without limitation to, engineers, attorneys, management consultants, fiscal advisers, and agricultural, silvacultural and aquacultural experts, as the business of the authority may require; provided, however, that no director or member of his or her firm, business, partnership or corporation shall be employed or compensated by the authority;

(18) To invest any funds of the authority that the board may determine are not presently needed for any of its corporate purposes in obligations of the United States of America, and interest-bearing bank and savings and loan association deposits, or any thereof;

(19) To enter into a management agreement or agreements with any person for the management by said person for the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

(20) To sell, exchange, donate and convey 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; and

(21) 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.

(b) All meetings of the board of the authority for any purpose shall be open to the public.
Ala. Code § 2-31-2 — Alabama Code / Title 2 / Chapter 31 / Section 2-31-2
Section 2-31-2 Applicability of This Article
Status: in_force

The provisions of this article shall not apply to persons who buy for cash; that is, those who pay producers at the time of purchase in United States currency or check or their equivalent. Nor shall it apply to public warehouses required to be licensed and bonded under Sections 8-15-1 and 8-15-7.
Ala. Code § 11-42-23 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-23
Section 11-42-23 Provisions of Article Not Exclusive
Status: in_force

The provisions of this article shall in no wise preclude any municipality from extending its corporate limits by annexation in any other way or manner that may be authorized by law.
Ala. Code § 11-67-44 — Alabama Code / Title 2 / Chapter 67 / Section 11-67-44
Section 11-67-44 Authority to Assess Against Property Sold to State for Nonpayment of Taxes; Effect of Subsequent Redemption or Sale by State on Lien
Status: in_force

The city shall have the power to assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where an assessment is made against a lot or lots or parcel or parcels of land, a subsequent redemption thereof by a person authorized to redeem, or sale thereof by the state, shall not operate to discharge, or in any manner affect the lien of the city for the assessment, but a redemptioner or purchaser at a sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to the assessment.
Ala. Code § 2-6-122 — Alabama Code / Title 2 / Chapter 6 / Section 2-6-122
Section 2-6-122 Acts Authorized to Support Objectives
Status: in_force

For the purpose of attaining the objectives of this article, any county, municipality, or other political subdivision, or public corporation, agency, or instrumentality of the state, a county, or municipality, upon such terms and with or without consideration, as it may determine, may do any or all of the following:

(1) Lend or donate money to the corporation or perform services for its benefit.

(2) Donate, sell, convey, transfer, lease, or grant to the corporation, without the necessity of authorization at any election of qualified voters, any property of any kind.

(3) Pay, or provide for the payment of, the principal of and interest on any bonds of the corporation, either directly or through the provision of a guaranty or comparable credit support.

(4) Do any and all things, whether or not specifically authorized in this section, not otherwise prohibited by law, which are necessary or convenient to aid and cooperate with the corporation in attaining the objectives of this article.
Ala. Code § 11-50B-7 — Alabama Code / Title 2 / Chapter 50B / Section 11-50B-7
Section 11-50B-7 Provision of Cable Channel to Public School System, Etc
Status: in_force

Subsequent to August 1, 2000, each public provider that commences offering to the public cable service in the exercise of authority granted it hereunder shall reserve and make available for the use of the public school system in the municipality in the case of a municipality, or in the municipality which authorized the organization of the municipal instrumentality in the case of a municipal instrumentality, without fee, charge, or other compensation from the public school system, one cable channel; provided, however, that if the provision thereof without fee, charge, or other compensation pursuant hereto would constitute a breach of or event of default under the provisions of any resolution, indenture, mortgage, or other instrument pursuant to which any debt obligations of the public provider are then outstanding, the public provider shall not be required to provide a cable channel without fee, charge, or other compensation until the time doing so would no longer constitute a breach or event of default.
Ala. Code § 2-4-3 — Alabama Code / Title 2 / Chapter 4 / Section 2-4-3
Section 2-4-3 Appointment of Federal Veterinarians and Livestock Inspectors as Assistant State Veterinarians and State Livestock Inspectors
Status: in_force

The State Board of Agriculture and Industries may appoint or elect the federal veterinarians and livestock inspectors who are doing work in Alabama as assistant state veterinarians and state livestock inspectors, provided they consent to act without pay from the State of Alabama.
Ala. Code § 2-8-290 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-290
Section 2-8-290 Enforcement Duties of Commissioner; Revocation of Certification of Association
Status: in_force

It shall be the duty of the Commissioner of Agriculture and Industries, through the facilities of the Department of Agriculture and Industries, to enforce and collect the assessment charges levied upon the sale of agricultural supplies under the provisions of this article and to enforce the rules and regulations of the State Board of Agriculture and Industries relative thereto. The State Board of Agriculture and Industries shall have authority at any time to revoke or cancel any approval or certification of an association in the event it finds that such association is not carrying out its promotional program in accordance with the provisions of this article and rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the State Board of Agriculture and Industries upon the question of whether its certification should be revoked.
Ala. Code § 11-40-31 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-31
Section 11-40-31 Notice from Appropriate Municipal Officer of Unsafe Condition
Status: in_force

The term “appropriate municipal official” as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the authority and perform the duties delegated by this article. Whenever the appropriate municipal official of the municipality finds that any building, structure, part of building or structure, party wall, or foundation situated in the municipality is unsafe to the extent that it is a public nuisance, the official shall give the person or persons, firm, association, or corporation last assessing the property for state taxes and all mortgagees of record, by certified or registered mail to the address on file in the tax collector’s or revenue commissioner’s office, notice to remedy the unsafe or dangerous condition of the building or structure, or to demolish the same, within a reasonable time set out in the notice, which time shall not be less than 30 days or suffer the building or structure to be demolished by the municipality and the cost thereof assessed against the property. The mailing of the certified or registered mail notice, properly addressed and postage prepaid, shall constitute notice as required herein. Notice of the order, or a copy thereof, shall, within three days of the date of mailing, also be posted at or within three feet of an entrance to the building or structure. If there is no entrance, the notice may be posted at any location on the building or structure.
Ala. Code § 2-8-100 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-100
Section 2-8-100 Rules and Regulations
Status: in_force

The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article, which shall include rules and regulations governing the holding of referendums as adopted by the certified association, rules and regulations governing the collection, deposit, handling, withdrawal and disbursement of assessments collected under this article and such other reasonable rules and regulations as may be necessary to effectuate the evident intent and purposes of this article. The certified association authorized to conduct a promotional program as authorized under this article shall have a right to recommend such rules and regulations to the State Board of Agriculture and Industries and, upon receipt of such recommended rules and regulations, said board shall meet within a period of not more than 90 days to consider their adoption. The certified association shall be given at least 10 days’ notice in writing of any such meeting.
Ala. Code § 11-62-7 — Alabama Code / Title 2 / Chapter 62 / Section 11-62-7
Section 11-62-7 Powers of Authority Generally; Operation of Facilities by Authority
Status: in_force

(a) Every authority shall have all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the foregoing, the following powers:

(1) To have succession in its corporate name for the duration of time (which may be in perpetuity, subject to the provisions of Section 11-62-17) specified in its certificate of incorporation;

(2) To sue and be sued in its own name in civil suits and actions and to defend suits against it;

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

(4) To adopt, alter, and repeal bylaws, regulations, and rules, not inconsistent with the provisions of this chapter, for the regulation and conduct of its affairs and business;

(5) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or otherwise, and to expand, improve, maintain, equip, and furnish one or more facilities, including all real and personal properties that its board may deem necessary in connection therewith, regardless of whether or not any such facility shall then be in existence and, if in existence, regardless of whether or not any such facility is then owned or leased by any user to which such facility may subsequently be sold or leased by such authority;

(6) To borrow money and to sell and issue bonds, notes, or other obligations as hereinafter provided for any corporate use or purpose;

(7) To lease to a user or users any or all facilities that may be owned by it, 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, all upon such terms and conditions as its board may deem advisable;

(8) To contract to sell and convey and to sell and convey to a user or users any or all facilities that may be owned by it and to grant options to any user or users to purchase any or all facilities that may be owned by it, all for such consideration and upon such terms and conditions as its board may deem advisable;

(9) To lend, upon such terms and conditions as its board may deem advisable, all or any portion of the proceeds derived from the issuance of its bonds, notes, or obligations to a user, whether pursuant to one or more loan agreements or in conjunction with the lease or sale of one or more facilities to such user or the purchase of an authorized purpose obligation relating to a facility or facilities operated by such user, for one or more or any combination of the following purposes:

a. To enable such user to borrow an amount not substantially in excess of the equity (determined on any basis not resulting in a higher value for any facility in question than the estimated replacement cost or the appraised market value thereof, whichever may be greater) which such user may then have in any facility or facilities;

b. To enable such user to refinance any outstanding indebtedness incurred or assumed in connection with the acquisition, improvement, or operation of any existing facility or facilities;

c. To enable such user to finance the costs of acquiring, by purchase, construction, or otherwise, one or more facilities and/or the costs of expanding or improving one or more facilities, regardless of whether any such facility has theretofore been owned or leased by such user or is to be acquired or leased by such user; and

d. To enable such user to borrow working capital for use in the operation of one or more facilities;

(10) To contract to acquire, hold, pledge, assign, sell, and transfer and to acquire, hold, pledge, assign, sell, and transfer one or more authorized purpose obligations that are entered into or issued in whole or in part with respect to one or more facilities;

(11) To pledge for payment of any bonds, notes, or obligations issued by the authority any revenues from which such bonds, notes, or obligations are payable as herein provided and to mortgage or pledge any or all of its facilities or any part or parts thereof or any authorized purpose obligation, whether then owned or thereafter acquired, and to pledge the revenues, rentals, and receipts therefrom or from any part thereof or any revenues from which such bonds are payable as herein provided as security for the payment of the principal of and the interest and premium, if any, on any bonds, notes, or obligations so issued and any agreements made in connection therewith;

(12) 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 such authority was organized or to exercise any power expressly granted hereunder;

(13) To enter into contracts with, to accept aid, loans and grants from, to cooperate with, and to do any and all things not specifically prohibited by this chapter or the Constitution or other applicable laws of the state that may be necessary in order to avail itself of the aid and cooperation of the United States of America, the state or any agency, instrumentality, or political subdivision of either thereof in furtherance of the purposes of this chapter;

(14) To receive and accept from any source aid or contributions in the form of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this chapter, subject to any lawful condition upon which any such aid or contributions may be given or made;

(15) To appoint, employ, and contract with such employees and agents, including, but not limited to, architects, engineers, attorneys, accountants, financial experts, fiscal agents, and such other advisors, consultants, and agents as may in its judgment be necessary or desirable, and to fix their compensation;

(16) To enter into a management contract or contracts with any governmental agency, nonprofit organization or private business entity as may in the judgment of such authority be necessary or desirable in order to perform more efficiently or economically various clerical, accounting, and administrative functions for which it may become responsible in the exercise of the powers conferred upon it by this chapter;

(17) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as its board may deem desirable;

(18) To the extent permitted by the contracts of such authority with the holders of its bonds, notes, and other obligations and if not otherwise specifically prohibited by any other provision of this chapter, to invest its moneys, including, without limitation, the moneys held in any special fund created pursuant to any trust indenture or resolution securing any of its bonds, notes, or other obligations and proceeds from the sale of any bonds or notes, not required for immediate use in eligible investments;

(19) To include in any borrowing by such authority such amounts as may be deemed necessary by its board to pay bond discount, commissions, or other financing charges, interest on the obligations issued in evidence of such borrowing for such period as its board shall deem advisable, fees and expenses of financial advisors and planning and management consultants, all legal, accounting, publishing, printing, recording, and filing fees and expenses and such other expenses as shall be necessary or incident to such borrowing;

(20) To the extent permitted by its contracts with the holders of its bonds, notes, and other obligations, to purchase bonds or notes of such authority out of any of its funds or moneys available therefor and to hold, cancel, or resell such bonds or notes;

(21) To procure or agree to the procurement of insurance or guarantees from the United States of America or any agency or instrumentality thereof or from any private insurance company of the payment of any bonds, notes or any other obligations issued by such authority and to pay premiums or fees for any such insurance or guarantees; and

(22) To do any and all things necessary or convenient to carry out its purposes and to exercise its powers pursuant to the provisions of this chapter.

(b) No authority shall have the power to operate any facility other than as a lessor thereof; provided, however, that the foregoing restriction on the power of any authority to operate any facility shall not be construed to prohibit, limit or impair the right of such authority to terminate any lease of any facility that is in default, to take possession of such facility and to operate the same for such temporary period as may be necessary to protect and enforce the rights and remedies of the holders of any of its notes or bonds and to exercise any other right or remedy which may be necessary to prevent or cure any default under any contract of such authority which provides for or relates to the security for any of its notes, bonds or other obligations.
Ala. Code § 2-15-95 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-95
Section 2-15-95 Public Weighmasters Exempt from Provisions of Division; Livestock Markets Employing Public Weighmasters Not Required to Employ Permittees
Status: reserved

Repealed by Act 2017-226, §2, effective August 1, 2017.
Ala. Code § 11-48-27 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-27
Section 11-48-27 Hearing Upon Objections to Assessments - Conduct Generally
Status: in_force

The council shall hear and pass upon all such objections to and protests against the proposed assessment under such reasonable rules and regulations as it may adopt.
Ala. Code § 2-17-33 — Alabama Code / Title 2 / Chapter 17 / Section 2-17-33
Section 2-17-33 Failure to Attend and Testify, Answer Lawful Inquiry or Produce Documentary Evidence in Obedience to Subpoena, Etc., of Commissioner
Status: in_force

Any person, firm or corporation that shall neglect or refuse to attend and testify or to answer any lawful inquiry or to produce documentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful requirement of the commissioner shall be guilty of an offense and, upon conviction thereof by a court of competent jurisdiction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than one year or both.
Ala. Code § 11-43B-20 — Alabama Code / Title 2 / Chapter 43B / Section 11-43B-20
Section 11-43B-20 Administrative Offices Continued; Exercise of Powers and Duties of Offices, Etc., Abolished by Chapter
Status: in_force

All persons holding administrative office at the time the mayor-council form of government is adopted shall continue in office and in the performance of their duties until provisions shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department, board, or agency of the municipality by the laws of the state shall, if such office, department, board, or agency be abolished by this chapter, or under its authority, be thereafter exercised and discharged by the office, department, board, or agency designated by the council unless otherwise provided herein.
Ala. Code § 2-12-5 — Alabama Code / Title 2 / Chapter 12 / Section 2-12-5
Section 2-12-5 Sales Between Wholesale Dealers
Status: in_force

A wholesale dealer who is a holder of a permit issued under the provisions of this chapter may sell or consign eggs to another wholesale dealer who holds such a permit without complying with the labeling requirements of this chapter. Such sales must be accompanied by a proper bill of sale or invoice, and the wholesale dealer to whom such eggs are sold or consigned shall, prior to selling or offering them for sale, comply with all of the requirements of this chapter.
Ala. Code § 11-70B-7 — Alabama Code / Title 2 / Chapter 70B / Section 11-70B-7
Section 11-70B-7 Redemption of Real Property
Status: in_force

(a) At any point prior to the conclusion of the sale described in Section 11-70B-8(a), any interested party may redeem the real property from the sale by payment of the redemption amount. Payment shall be made to the Class 1 municipality. Following receipt of the redemption payment, the Class 1 municipality shall file for dismissal of the proceedings.

(b) In the event that the owner of the real property pays the redemption amount, the proceedings shall be dismissed, and the rights and interests of all interested parties shall remain unaffected.

(c) In the event of a redemption payment by any interested party other than the owner, the party making the payment shall possess a lien on the real property for the full amount of the payment, which lien shall have the same priority as the municipal code lien described in Section 11-70B-3(c). The lienholder shall have the right to enforce the lien as permitted to the holder of any lien under existing law. The lienholder shall not otherwise succeed to the rights of the Class 1 municipality or tax certificate holder.
Ala. Code § 11-49B-9 — Alabama Code / Title 2 / Chapter 49B / Section 11-49B-9
Section 11-49B-9 Bonds of Authority
Status: in_force

All bonds issued by the authority shall be signed by the chair of its board or other chief executive officer and attested by its secretary, and the seal of the authority shall be affixed to the bond, and any interest coupons applicable to the bonds of the authority shall be signed by the chair of its board or other chief executive officer. A facsimile of the signature of one, but not both, of the officers may be printed or otherwise reproduced on any of the bonds in lieu of his or her manually signing the bonds, a facsimile of the seal of the authority may be printed or otherwise reproduced on any of the bonds in lieu of being manually affixed to the bonds, and a facsimile of the signature of the chair of its board or other chief executive officer may be printed or otherwise reproduced on any interest coupons in lieu of his or her manually signing the bonds. Bonds may be executed and delivered by the authority and from time to time, shall be in such form and denominations, and of such tenor and maturities, shall contain provisions not inconsistent with this chapter, 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 any 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 principal of and interest on any bonds issued or obligations assumed by the authority may at any time whether before, at or after maturity of the principal and whether at, after or not exceeding six months prior to the maturity of any interest and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at a price or prices as may be determined by its board to be most advantageous, or which may be exchanged for the bonds or other obligations to be refunded. The authority may pay all expenses, premiums, and commissions which its board may deem necessary and advantageous in connection with any financing done by it. All bonds issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source. 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 any county or municipality. The preceding sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. Bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the proceedings authorizing those bonds. The proceedings may provide that the bonds authorized shall be payable solely from one or combination of the following sources set forth in a resolution of the board authorizing the issuance of the bonds:

(1) The tax proceeds appropriated, allocated, or made payable in whole or in part to the authority by or pursuant to any act of the Legislature of the state, by or pursuant to any ordinance, resolution, or order of the county in which the authority is authorized to furnish public transportation service or any municipality located in the county.

(2) The revenues derived from the operation of all transit systems owned by the authority or solely out of the revenues from the operation of any one or more of the systems or parts of the system, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular systems of the authority.

(3) The authority may pledge for the payment of any of its bonds the revenues from which the bonds are payable, and may execute and deliver a trust indenture evidencing any pledge or a mortgage and deed of trust conveying as security for the bonds the transit systems, or any part of the system, the revenues or any part of the revenues from which the bonds are pledged.

The mortgage and deed of trust or trust indenture made by the authority may contain the agreements as the board may deem advisable respecting the operation and maintenance of the property and the use of the revenues subject to the mortgage and deed of trust or affected by the trust indenture, and respecting the rights, duties, and remedies of the parties to any instrument and the parties for the benefit of whom the instrument is made and no instrument shall be subject to foreclosure.
Ala. Code § 11-45-3 — Alabama Code / Title 2 / Chapter 45 / Section 11-45-3
Section 11-45-3 Transmittal of Ordinances or Resolutions to Mayor for Consideration; Approval by Mayor and Publication by Clerk; Recall of Ordinances or Resolutions from Mayor
Status: in_force

In cities having a population of 12,000 or more, all resolutions or ordinances intended to be of permanent operation, after having been passed by the council, shall be transmitted by the clerk, within 48 hours after their passage, to the mayor or acting mayor for his consideration, who, if he shall approve thereof, shall sign and return the same to the clerk, who shall publish them, and such ordinances and resolutions shall thereupon have the force of law; provided, that the council may provide that they shall be effective from approval.

An ordinance or resolution may be recalled from the mayor at any time before it has become a law or has been acted on by him by a resolution adopted by a majority of the members elected to the council in regular or special session.
Ala. Code § 11-42-125 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-125
Section 11-42-125 Form and Marking of Ballots; Ascertainment of Election Results; Contests of Election
Status: in_force

(a) The mayor of the city or town shall cause the ballots to be used in such election to be printed with the following words thereon: “Shall the agreement for the annexation of (naming the city or town) to (naming the city or town) be ratified?” and printed on the ballot with the above quoted words immediately thereunder the words “Yes” and “No,” and the elector shall designate his choice by marking with ink or pencil a cross mark (X) in a place to be left before the word expressing his wish. The ballots provided under the terms of this division need not be of any particular size, form, or color.

(b) The result of the election shall be ascertained in the same manner that the result of the election of city or town officers is ascertained, and the election may be contested in the same manner as is provided for the contest of the election of any city or town officers.
Ala. Code § 11-43C-78 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-78
Section 11-43C-78 Transfer of Records, Property, and Equipment of Office, Etc., Where Powers and Duties Reassigned
Status: in_force

All records, property, and equipment of any office, department, or agency, whose powers and duties are assigned to any other office, department, or agency by the provisions of this chapter, shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency are assigned to another office, department, or agency, all records, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned.
Ala. Code § 2-3A-6 — Alabama Code / Title 2 / Chapter 3A / Section 2-3A-6
Section 2-3A-6 Legislative Oversight Committee; Members; Expenses
Status: in_force

There shall be established a legislative oversight committee to provide recommendations to the board concerning efficient operation of the authority. The committee shall consist of seven members of the House of Representatives, one from each congressional district, appointed by the Speaker of the House and seven members of the Senate, one from each congressional district, appointed by the Lieutenant Governor. The Governor, Lieutenant Governor and Speaker of the House or their designated representatives shall serve as ex officio members. The legislative members shall be named at each organizational session and all members shall serve until their successors are properly qualified. All members of this committee shall be entitled to their actual expenses incurred in the performance of their duties as members of the committee.
Ala. Code § 11-44E-181 — Alabama Code / Title 2 / Chapter 44E / Section 11-44E-181
Section 11-44E-181 Appointment of Committees; Inquiries and Investigations by Commission, Etc.; Subpoenas; Failure to Obey Subpoena
Status: in_force

Any committee of the commission or comprised of members of the commission shall be appointed by the mayor only. Any other committee comprised solely of noncommission members shall be appointed by the mayor and commissioners. The commission or any person or committee authorized by them, shall have power by resolution to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena any person to produce books, papers, and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed $100.00, or by imprisonment not to exceed 10 days, or both.
Ala. Code § 2-10-68 — Alabama Code / Title 2 / Chapter 10 / Section 2-10-68
Section 2-10-68 Conflicting Laws Not Applicable
Status: in_force

Any provisions of law which are in conflict with this article shall not be construed as applying to the associations provided for in this article.
Ala. Code § 11-43A-42 — Alabama Code / Title 2 / Chapter 43A / Section 11-43A-42
Section 11-43A-42 Continuation of Laws Relating to Boards, Authorities, Agencies, Etc., with Independent Status until Otherwise Provided
Status: in_force

All laws relating to the school board, library board, hospital board, airport board, housing authority, plumbers or electricians board, planning board, zoning board, park or recreation board, municipally owned public utility, and any municipally owned service enterprise, including inter alia, electric, gas, and water boards, agencies, etc., and any board, authority, agency, etc., given such independent status, as the same may apply and be in effect at the time when such municipality shall elect to be governed by the provisions of this article, shall continue in full force and effect and without interruption or change as to the establishment or conduct of any such authority, board, or agency, until otherwise provided by law.
Ala. Code § 11-54-127 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-127
Section 11-54-127 Additional Powers of Boards
Status: in_force

(a) In addition to all other powers conferred on it by law, and subject to any express provisions of its certificate of incorporation to the contrary, any industrial development board shall have all of the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:

(1) To create or establish one or more endowment trust funds.

(2) To receive and accept from any private source, for the account of any endowment trust fund so created or established by it, contributions in the form of gifts of money, stocks, bonds, and other debt securities, other personal property, whether tangible or intangible, and real property of any description, subject, in the case of any such contribution, to any lawful condition to the use thereof that is specified by the donor thereof and that is not inconsistent with the provisions of this division.

(3) To deposit, or to cause to be deposited, into any endowment trust fund created by it any moneys derived by the board from the leasing or sale of any project or otherwise received by the board in connection with the exercise of its powers under either industrial development board act, provided that such deposit of moneys is not inconsistent with the terms and provisions of the lease or other instrument whereunder such moneys are authorized or required to be paid to the board.

(4) To designate or appoint one or more trustee banks with respect to any endowment trust fund so created or established by such board.

(5) To appoint, employ, contract with, and provide for the compensation of one or more fund managers to manage any endowment trust fund so created or established by the board, or any specific or designated part of any such fund, provided that any fund manager shall at all times be and remain subject to the general supervision of the investment committee.

(6) To take out and maintain, for the benefit of the board, a fidelity bond on any officer, employee, or other person who may handle moneys or other properties held in or forming a part of any endowment trust fund, in such amount and for such time as the directors may determine, and to pay the cost of any bond.

(7) To enter into such contracts, agreements, and other instruments including, without limitation, any trust agreement and any contract with a trade organization providing for the use and expenditure of moneys held in and forming a part of an endowment trust fund, as may be necessary or convenient to accomplish any power expressly granted hereunder.

(b) Nothing herein shall be construed to require or compel, or to empower any board, investment committee, fund manager, or trustee bank to require or compel any person to contribute to any endowment trust fund, whether created or established by such board or by another board, as a condition to the exercise of any power of such board under either industrial development board act, including, without limitation, the issuance of bonds by such board. Nor shall anything herein be construed to empower any industrial development board or endowment trust fund to operate any business or to employ, or to cause to be employed, in connection with the operation of any business, any property, whether real or personal, tangible or intangible, contributed to such fund; provided, however, that moneys held in and forming a part of a fund may be invested, and other properties so contributed to such fund may be managed, used, and disposed of, in accordance with this division. Notwithstanding any other law to the contrary, no state or local governmental unit, including, without limitation, the State of Alabama and each county, municipality, and other political subdivision thereof, or other public body may contribute any money or other property owned or held by it to, or for the account of, any endowment trust fund; nor may any board or fund accept any contribution, whether made directly or indirectly, of any such money or other property contributed to, or for the account of, any such fund by any such state or local governmental unit or other public body.
Ala. Code § 11-46-57 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-57
Section 11-46-57 Absentee Ballots - Casting and Handling of Ballots; Duties and Compensation of Clerks, Etc., Generally; Applicability of Other Laws
Status: in_force

The provisions of Chapter 11 of Title 17 shall be applicable to the casting and handling of absentee ballots in municipal elections, and any amendments, extensions, or deletions from this chapter in the future shall likewise be applicable to municipal elections.

The town clerk, city clerk, or other officer performing the duties of the clerk, as the case may be, shall have and perform the duties required by Chapter 11 of Title 17. For performing these duties, the municipal governing body may compensate the clerk, or other officer performing the duties of the clerk, in whatever manner and amount it deems appropriate.

All other laws of this state regulating and providing for voting of an absentee ballot shall apply to elections held under this article.
Ala. Code § 2-14-1 — Alabama Code / Title 2 / Chapter 14 / Section 2-14-1
Section 2-14-1 Definitions
Status: in_force

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

(1) COLONY OF BEES. A queen bee and worker bees on comb enclosed in any container.

(2) APIARY. A location or site on which one or more colonies of bees is located.
Ala. Code § 2-31-7 — Alabama Code / Title 2 / Chapter 31 / Section 2-31-7
Section 2-31-7 Suspension or Revocation of License
Status: in_force

Failure of a grain dealer to file a bond and insurance as hereinafter required to keep such bond and insurance in force shall be grounds for the suspension or revocation of a license issued under this article.
Ala. Code § 11-50-55 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-55
Section 11-50-55 Regulation, Installation, Etc., of Privies, Water Closets, Septic Tanks, Etc.; Preparation and Filing of Statement as to Installation, Etc., of Privies, Water Closets, Etc
Status: in_force

All cities and towns of this state shall have the power to regulate privies, water closets, and septic tanks and the construction thereof and to compel the installation of same and to regulate the connection of such water closets with such septic tanks or with the sewerage system of the city or town; and, in case of failure to install or connect after reasonable notice, then the city or town may install proper privies, water closets, or septic tanks as it deems advisable and connect such water closets with such septic tanks or with the sewerage system of the city or town, the expense of same to be assessed against the property and the cost thereof to be a lien upon the property in favor of the city or town, superior to all other liens, to be collected as other debts are collected or liens enforced.

When privies, water closets, or septic tanks are installed and connections made by the city or town under the provisions of this section, the mayor or other chief executive officer of such city or town shall prepare a statement in writing setting forth the name of the owner and a description of the property upon which the improvements have been made, together with the cost of the installation of such privies, water closets, or septic tanks and sanitary connections, and the statement must be signed by the mayor or other chief executive officer in his official capacity and filed with the probate judge in the county in which such property is situated for record in the mortgage records of the county. The filing of such statement shall operate as notice of such lien from the date of its filing.
Ala. Code § 11-50-393 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-393
Section 11-50-393 Board of Directors - Composition; Compensation; Removal Actions
Status: in_force

(a) Each district incorporated under this article shall have a board of directors of not less than three members, and the members shall elect a chair of the board. Unless otherwise provided in the certificate of incorporation, the board of directors shall consist of at least one member for each municipality that is a member of the district. Unless otherwise provided in the certificate of incorporation, the member of the board of directors representing each member municipality shall be elected by the governing body of each municipality and shall serve for a term of office concurrent with the term of office of the mayor of the municipality. A representative of each municipality may be, but need not be the mayor thereof.

(b) The members of the board of directors shall serve without compensation, except that they shall be reimbursed for actual expenses incurred in the performance of their duties under this article, and, at the discretion of the board of directors, they may be paid a director’s fee not exceeding one thousand seven hundred fifty dollars ($1,750) for each director’s meeting attended, but not to exceed one meeting each calendar month. The chair of the board of directors shall serve without compensation, except that he or she shall be reimbursed for actual expenses incurred in the performance of his or her duties under this article, and, at the discretion of the board of directors, he or she may be paid a director’s fee not exceeding two thousand dollars ($2,000) for each director’s meeting attended, but not to exceed one meeting each calendar month.

(c) Members of the board of directors shall hold office until their successors are appointed and qualify. Appointments to fill a vacancy shall be for the unexpired term.

(d)The appointing authority may remove any member of the board of directors within the term for which he or she is appointed after giving the member a copy of the charges against him or her and an opportunity to be heard in his or her defense. The removal action of the appointing authority shall be final and nonreviewable.
Ala. Code § 11-49C-5 — Alabama Code / Title 2 / Chapter 49C / Section 11-49C-5
Section 11-49C-5 Use of Funds for Personnel or Services
Status: in_force

Any municipality entering into an agreement pursuant to this chapter may expend appropriated funds for personnel or services therefor as may be within its legal power to furnish.
Ala. Code § 22-52-10.2 — Alabama Code / Title 2 / Chapter 52 / Section 22-52-10.2
Section 22-52-10.2 Findings Necessary for Outpatient Treatment
Status: in_force

(a) A respondent may be committed to outpatient treatment if the judge of probate, based upon clear and convincing evidence, finds all of the following: (1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder.

(2) As a result of the mental illness or mental illness with secondary diagnosis of co-occurring substance use disorder, the respondent, if not treated, will suffer mental distress and experience deterioration of the ability to function independently.

(3) The respondent is unable to maintain consistent engagement with outpatient treatment on a voluntary basis, as demonstrated by either of the following:

a. The respondent’s actions occurring within the two-year period immediately preceding the hearing.

b. Specific aspects of the respondent’s clinical condition that significantly impair the respondent’s ability to consistently make rational and informed decisions as to whether to participate in treatment for mental illness.

(b) Upon a recommendation made by the designated mental health facility currently providing outpatient treatment that the respondent’s outpatient commitment order should be renewed, a judge of probate may enter an order to renew the commitment order upon the expiration of time allotted for treatment by the original outpatient treatment order if the judge of probate finds, based upon clear and convincing evidence, all of the following:

(1) The respondent has a mental illness or a mental illness with a secondary diagnosis of co-occurring substance use disorder .

(2) As a result of the mental illness or mental illness with a secondary diagnosis of co-occurring substance use disorder , the respondent, if treatment is not continued, will suffer mental distress and experience deterioration of the ability to function independently.

(3) The respondent remains unable to maintain consistent engagement with outpatient treatment on a voluntary basis.
Ala. Code § 11-47-238 — Alabama Code / Title 2 / Chapter 47 / Section 11-47-238
Section 11-47-238 Relationship of Article to Other Laws
Status: in_force

The provisions of this article are cumulative and shall not be deemed to repeal existing laws.
Ala. Code § 11-50-107 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-107
Section 11-50-107 Refunding of Excess Assessments - Limitation Period for Presentation of Claims; Disposition of Amounts Not Refunded
Status: in_force

If such claims be not presented within 12 months from the date of the maturity or payment of the bonds, they shall be forever barred, and such amounts shall be converted into the general revenue fund of the city or town.
Ala. Code § 11-65-2 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-2
Section 11-65-2 Definitions
Status: in_force

(a) The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, unless the context clearly indicates otherwise, have the following respective meanings:

(1) ALABAMA-BRED. When this term is used with reference to a horse, it means a horse which is registered in the registry designated and administered by a commission in accordance with such rules concerning domicile and registration requirements as may be established by such commission and which is either (i) foaled from a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or (ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time after the expiration of such 10-year period.

(2) ALABAMA STALLION. A stallion which is standing in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered with a commission, and which is owned or leased by a resident of the state. For purposes of this definition, the commission with which any Alabama stallion may be registered shall have the power to prescribe rules and regulations governing the qualifications of residence in the state for the owner or lessor of such stallion and the manner by which such qualifications shall be confirmed to the commission.

(3) BREAKAGE. The odd cents by which the amount payable on each dollar wagered exceeds a multiple of 10 cents.

(4) BREEDER. The owner of a mare at the time such mare gives birth to an Alabama-bred foal.

(5) BREEDING FUND. A special fund established by a commission pursuant to the provisions of Section 11-65-34 and any applicable rules and regulations of such commission for the purpose of promoting the breeding, raising, and racing of horses in the state.

(6) BREEDING FUND FEE. A fee payable to a commission by a horse racing operator pursuant to Section 11-65-34 for deposit into the breeding fund established by such commission.

(7) COMMISSION. Any public corporation organized pursuant to the provisions of this chapter.

(8) COMMISSION GREYHOUND WAGERING FEE. The license fee payable to a commission by a greyhound racing operator for a particular calendar year, the amount and payment schedule of which are to be determined in accordance with the provisions of Section 11-65-30.

(9) COMMISSION HORSE WAGERING FEE. The license fee payable to a commission by a horse racing operator for a particular calendar year, the amount and payment schedule of which are to be determined in accordance with the provisions of Section 11-65-30.

(10) COMMISSION MUNICIPAL JURISDICTION. The territory of a sponsoring municipality that is located within the boundaries of the host county.

(11) DISQUALIFIED PERSON. Any of the following shall constitute disqualified persons:

a. Any person who has ever been found guilty in a court of competent jurisdiction of any corrupt or fraudulent act, practice, or conduct in connection with horse or dog racing or any activity involving legal gambling in any state of the United States of America or any other country, or any person who has ever had a license or permit to participate in horse or dog racing or in any activity involving legal gambling denied for just cause, suspended, or revoked in any state of the United States of America or in any other country; or

b. Any person who has ever been found guilty in a court of competent jurisdiction of a felony involving moral turpitude, or who has ever been the subject of injunctive or disciplinary action by any federal or state court or regulatory body charged with protecting the public against fraudulent or illegal conduct; or

c. Any person who has ever been indicted by three separate grand juries for any felony or misdemeanor involving moral turpitude, even though such indictments did not result in a conviction; or

d. Any person who has ever been made a principal subject, either singly or in conjunction with others, of investigations by either federal or state law enforcement agencies into activities that violate federal or state laws against criminal conspiracy, racketeering, illegal gambling, and other activities associated with organized crime, provided that no person shall be deemed to be a disqualified person because of any such investigations unless they have involved at least three geographically distinct or factually different instances of illegal conduct, or unless they provide convincing grounds, based upon the seriousness and number of alleged offenses, for believing that the person in question has been actively and systematically involved in organized crime and racketeering with one or more persons previously indicted for or convicted of crimes involving moral turpitude; or

e. Any person if a commission determines that, for any reason, it is not in the best interests of the people of the state, the host county, or the sponsoring municipality for such person to own an interest in a horse racing facility licensee or an operator, or any person if the circuit court of the host county determines, pursuant to a proceeding instituted by the district attorney of the host county under the provisions of Section 11-65-22, that, for any reason, it is not in the best interests of the people of the state, the host county or the sponsoring municipality for such person to own an interest in a horse racing facility licensee or an operator, provided that any such determination, whether made by the commission or the circuit court, is made pursuant to a hearing of the commission or circuit court, as the case may be, of which such person has notice and an opportunity to be heard; or

f. Any person who owns, directly or indirectly, or holds five percent or more of

1. The combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation, or

2. The capital interest or the profits interest of a partnership, or

3. The beneficial interest of a trust, estate, or other unincorporated entity,

if such corporation, partnership, trust, estate, or unincorporated entity, as the case may be, is a person described in any of the foregoing subparagraphs a through e, inclusive; or

g. The brother or sister, niece or nephew, spouse, ancestor, lineal descendent, or any spouse or former spouse of any person described in the foregoing subparagraphs a through f, inclusive; or

h. A corporation, partnership, trust, estate, or other unincorporated entity of which (or in which) five percent or more of

1. The combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation, or

2. The capital interest or profits interest of such partnership, or

3. The beneficial interest of such trust, estate or other unincorporated entity is owned, directly or indirectly, or held by one or more persons described in any of the foregoing subparagraphs a through g, inclusive; or

i. Any person who owns, directly or indirectly, or holds five percent or more of

1. The combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of any corporation that is described in any of the foregoing subparagraphs a through h, inclusive, or

2. The capital interest or profits interest of any partnership that is described in any of the foregoing subparagraphs a through h, inclusive, or

3. The beneficial interest of any trust, estate or other unincorporated entity that is described in any of the foregoing subparagraphs a through h, inclusive; or

j. An officer or director (or an individual having powers or responsibilities similar to those of officers or directors), a general or managing partner, an individual acting as executor, administrator or trustee, or a highly compensated employee, professional advisor, or consultant (in any case earning five percent or more of the aggregate yearly wages or other compensation paid by an employer for professional services), of any person described in any of the foregoing subparagraphs a through i, inclusive; or

k. Any person who owns, directly or indirectly, or holds an interest of five percent or more of the capital or profits in any partnership or joint venture of which any person described in any of the foregoing subparagraphs a through j, inclusive, also has an interest of five percent or more of the capital or profits in such partnership or joint venture.

For purposes of subparagraphs f1, h1 and i1, the ownership of stock, membership interests, and voting power or rights shall be determined in accordance with the rules for constructive ownership of stock under Section 267(c) of the Internal Revenue Code of 1986, as amended from time to time and successor provisions thereof, except that, for purposes of this paragraph, Section 267(c)(4) of the Internal Revenue Code of 1986 shall be treated as providing that the members of the family of an individual are the members listed in subparagraph g.

For purposes of subparagraphs f2 and f3, h2 and h3, and i2 and i3, and k the ownership of profits or beneficial interest shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, as amended from time to time and successor provisions thereof (other than Section 267(c)(3)), except that Section 267(c)(4) shall be treated as providing that the members of the family of an individual are the members listed in subparagraph g.

No person shall be deemed to be a disqualified person hereunder unless he is given notice of the determination that he is a disqualified person, together with the reasons therefor, and, upon request filed within ten days of such notice, is granted a hearing before the commission or the circuit court making such determination, is permitted to examine the evidence upon which such determination is based, is permitted to cross-examine any witnesses relied upon in such determination, and is permitted to testify in his own behalf and to present witnesses and other evidence on his behalf in public or closed session, as may be requested by such person. Any determination by a commission shall be subject to appeal as provided in Section 11-65-12 on the record of such hearing.

(12) GREYHOUND RACING HANDLE. When used with reference to any specified period of time, this term means the total amount of all wagers received by a greyhound racing operator for all pari-mutuel pools originated during such period of time with respect to wagering on greyhound racing at the location where such operator is licensed by the commission to conduct greyhound racing (including wagering on greyhound racing events televised to such licensed location from elsewhere).

(13) GREYHOUND RACING OPERATOR. Any corporation, partnership, or other business entity licensed by a commission to conduct greyhound racing and pari-mutuel wagering thereon in accordance with the provisions of this chapter.

(14) HORSE RACING FACILITY LICENSE. A license issued by a commission to own or lease a horse racing facility, or to have and enjoy the use thereof, which is recognized by the commission as effective with respect to a horse racing facility licensee, whether as the result of the original issuance of such license to the licensee, the assignment to the licensee of such license or all or part of any interest therein, or any other legal arrangement providing for the use and enjoyment of such license by the licensee.

(15) HORSE RACING FACILITY LICENSEE. Any person which, through direct issuance by a commission or other legal arrangements accepted or sanctioned by the commission, possesses a horse racing facility license for its use and benefit.

(16) HORSE RACING HANDLE. When used with reference to any specified period of time, this term means the total amount of all wagers received by a horse racing operator for all pari-mutuel pools originated during such period of time with respect to wagering on horse racing at the location where such operator is licensed by the commission to conduct horse racing (including wagering on horse racing events televised to such licensed location from elsewhere).

(17) HORSE RACING OPERATOR. Any corporation, partnership, or other business entity licensed by a commission to conduct horse racing and pari-mutuel wagering thereon in accordance with the provisions of this chapter.

(18) HOST COUNTY. Any county in which a sponsoring municipality is located. With respect to a sponsoring municipality located in more than one county, this term means the county in which a majority of the residents of the sponsoring municipality reside, as determined by the most recent federal decennial census.

(19) HOST COUNTY HOUSE DELEGATION. With respect to a host county, the members of the House of Representatives of the Legislature of Alabama from those representative districts in which all or a majority of the residents of such district reside in the host county, as determined by the most recent federal decennial census.

(20) HOST COUNTY SENATE DELEGATION. With respect to a host county, the members of the Senate of the Legislature of Alabama from those senatorial districts in which all or a majority of the residents of such district reside in the host county, as determined by the most recent federal decennial census.

(21) MEMBER. A member of a commission.

(22) NET COMMISSION REVENUES. All fees (other than breeding fund fees), commissions and other moneys received by a commission and remaining after the payment of all expenses incurred in the administration of this chapter. This term does not include any state horse wagering fees or state dog racing privilege taxes, which are required to be paid directly to the state by the operator liable therefor.

(23) OPERATOR. As may in the context be appropriate, this term means a horse racing operator or a greyhound racing operator.

(24) PERSON. Any natural person, corporation, partnership, joint venture, trust, government or governmental body, political subdivision, or other legal entity as in the context may be possible or appropriate.

(25) RACING DAY. Whether used with reference to horse racing or greyhound racing, this term means a period which begins at 8:00 o’clock, A.M. on any calendar day (including Saturdays) except any Sunday, Thanksgiving Day or Christmas Day and which continues until 2:00 o’clock, A.M. on the next succeeding calendar day.

(26) RACING FACILITY or RACETRACK FACILITY. When used with respect to any facility located in the state, these terms, and any similar thereto, mean a racetrack at which live horse racing or greyhound racing can be conducted for direct viewing by spectators, together with the viewing stands, pari-mutuel wagering facilities, restaurants, and other physical facilities and improvements that together constitute such racing facility or racetrack facility. Under no circumstances shall the terms racing facility or racetrack facility, or any similar thereto, be construed to refer to any public or private place of assembly or accommodation of any kind (other than a racetrack facility where live horse racing or greyhound racing can be conducted) where so-called “off-track betting” could be conducted.

(27) SPONSORING MUNICIPALITY. Any municipality for which a commission shall be created in accordance with the provisions of this chapter.

(28) STALLION OWNER. The owner of a stallion standing in the state at the time he was bred to the dam of an Alabama-bred horse.

(29) STATE. The State of Alabama.

(30) STATE DOG RACING PRIVILEGE TAX. The privilege tax levied by the state pursuant to Chapter 26A, Title 40, on every person engaged in the business of operating a dog racing track.

(31) STATE RACING COMMISSION. Any department, agency, or instrumentality of the state, whether or not constituting a corporate entity separate from the state, that may at any time, whether before or after April 5, 1984, be created, organized or established for the purpose, among other purposes, of licensing, regulating or supervising horse racing and pari-mutuel wagering thereon or greyhound racing and pari-mutuel wagering thereon.

(32) STATE HORSE WAGERING FEE. The license fee payable to the state by a horse racing operator, the amount and payment schedule of which are to be determined in accordance with the provisions of Section 11-65-29 hereof.

(b) The words “herein,” “hereby,” “hereunder,” “hereof,” and other equivalent words refer to this chapter as an entirety and not solely to the particular section or portion thereof in which any such word is used. The definitions set forth herein shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 11-70B-1 — Alabama Code / Title 2 / Chapter 70B / Section 11-70B-1
Section 11-70B-1 Definitions
Status: in_force

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

(1) INTERESTED PARTY. Any of the following:

a. The person who last appears as owner of a particular real property in the office of the judge of probate’s property records.

b. The current mortgagee of record of the real property or assignee of record of the mortgagee.

c. The current holder of a beneficial interest in a deed of trust recorded against the real property.

d. A tax certificate holder.

e. A tax sale purchaser that holds a deed of purchase in accordance with Section 40-10-29.

f. A tax lien purchaser that holds a tax lien certificate in accordance with Section 40-10-187.

g. Any party having an interest in the real property, in whole or in part, legal or equitable, in severalty or as tenant in common, whose identity and address is reasonably ascertainable from the records of the Class 1 municipality or records maintained in the county office of the judge of probate or as revealed by a full title search, consisting of 60 years or more.

h. An interested party shall not include the holder of the benefit of an easement that burdens the real property, the holder of the benefit or burden of a real covenant that burdens the real property, or the holder of the benefit of a utility easement that burdens the real property.

(2) MINIMUM BID PRICE. The price that equals the redemption amount.

(3) MUNICIPAL CODE LIEN. Any lien that has been levied against real property by a Class 1 municipality due to the nonpayment of any fine, penalty, abatement cost, assessment, or enforcement cost incurred by a Class 1 municipality related to the enforcement of state or local housing and building codes or a lien arising from the abatement of nuisances by the Class 1 municipality. The term shall apply only to those liens that arise out of a failure to comply with any of the following or from the failure to comply with a Class 1 municipality’s ordinances enacted pursuant to the authority granted in any of the following:

a. Article 2 of Chapter 40.

b. Sections 11-47-117 and 11-47-118.

c. Sections 11-47-130, 11-47-131, and 11-47-140.

d. Chapter 53.

e. Chapter 53B.

f. Article 4 of Chapter 67.

g. Section 45-37A-53.

(4) MUNICIPAL CODE LIEN PAYOFF. An amount equal to the sum of the following:

a. The principal amount of a municipal code lien.

b. Interest accrued at the rate of six percent per annum from the date the municipal code lien was filed in the judge of probate’s office unless a different rate and date of accrual is specified by law.

c. Any fees or costs incurred in the collection of a lien under this chapter including, without limitation, the cost of title examinations and publication of notices.

d. Any attorney fees, filing fees, and court costs incurred in a judicial in rem foreclosure proceeding under this chapter.

e. Any other penalties authorized under state law or pursuant to an ordinance enacted by a Class 1 municipality.

(5) OWNER-OCCUPIED. Real property that is lawfully occupied as a principal residence of the owner of record or of a family member of a deceased individual who was the owner of record at the time of his or her death, and that is any of the following:

a. A homestead as provided in Section 40-9-19.

b. Exempt from ad valorem taxation under Sections 40-9-19.1, 40-9-20, or 40-9-21.

c. Eligible for, but not yet granted, either of the designations set forth in paragraph a. or b.

(6) REDEMPTION AMOUNT. The sum of the following:

a. The full amount of the municipal code lien payoff for each municipal code lien on which a Class 1 municipality is seeking to foreclose under this chapter.

b. Any tax payoff that may be applicable to the property on which the Class 1 municipality is seeking to foreclose under this chapter.

(7) TAX CERTIFICATE HOLDER. Any of the following:

a. A tax sale purchaser that holds a certificate of purchase pursuant to Section 40-10-19.

b. The state, in the event that it has accepted and recorded a certificate of purchase obtained at a tax sale pursuant to Section 40-10-20.

c. A county, in the event that a tax lien not sold at a tax lien auction of real property situated in the county is retained by the county pursuant to Section 40-10-199.

d. Any party to which a certificate of purchase obtained at a tax sale has been assigned pursuant to Section 40-10-21.

e. The purchaser or assignee of a tax lien certificate as provided in Section 40-10-187.

(8) TAX PAYOFF. All amounts necessary to satisfy any claims for delinquent taxes assessed against the real property on which a Class 1 municipality is seeking to foreclose under this chapter. These amounts shall include all of the following:

a. If the taxes associated with the property are delinquent pursuant to Sections 40-11-4 or 11-51-2 but the property has not yet been sold for taxes, then the full amount of delinquent taxes, costs, fees, and charges due to the county tax collector pursuant to Section 40-5-8.

b. If the property has been sold to the state for taxes, then those amounts required for redemption as provided in Sections 40-10-83, 40-10-120, 40-10-121, and 40-10-122 except that when a Class 1 municipality is the prevailing bidder, the tax payoff amount shall be the lesser of these amounts or the amount provided by Section 40-10-132(a)(2).

c. If the property has been sold for taxes to a party other than the state, then those amounts required for redemption as provided in Sections 40-10-83, 40-10-120, 40-10-121, and 40-10-122.

d. If a tax lien has been sold by a county pursuant to Section 40-10-182, then the amount required for redemption pursuant to Section 40-10-193.

(9) TAXES. The taxes assessed against real property by either the state, the county, or a Class 1 municipality in which the real property is situated which are delinquent pursuant to Sections 40-11-4 or 11-51-2 as of the date a proceeding under this chapter is commenced or at any time before final resolution of the same and shall include any taxes assessed against real property that are unpaid from any previous year and any amounts required for redemption pursuant to Sections 40-10-83, 40-10-120, 40-10-193, or 11-51-23. As provided in Section 11-51-6, a lien for taxes shall be superior to all other liens, including municipal code liens.
Ala. Code § 11-44B-12 — Alabama Code / Title 2 / Chapter 44B / Section 11-44B-12
Section 11-44B-12 Existing Rights and Privileges of Officers and Employees; Existing Laws Not Inconsistent with Personnel, Etc., Provisions of Article
Status: in_force

Nothing contained in this article, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the municipality or of any office, department, board, or agency existing at the time when this article shall take effect, or any provision of law enforced at the time when the mayor-council form of government shall be adopted and not inconsistent with the provisions of this article in relation to the personnel, appointment, ranks, grades, tenure of office, promotions, removal, pension and retirement rights, civil rights, civil service, of any or other rights or privileges of officers or employees of the municipality or any office, department, board, or agency thereof.
Ala. Code § 11-48-44 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-44
Section 11-48-44 Appeals from Judgment of Circuit Court - by Property Owner - Conduct Generally
Status: in_force

Such appeal shall be heard upon the record in accordance with the Alabama Rules of Appellate Procedure.
Ala. Code § 11-50-300.09 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-300.09
Section 11-50-300.09 Employment Restrictions on Former Directors
Status: in_force

For a period of 24 months after an individual ceases to be a director of a regional board, that individual may not be employed by the regional board or by any firm that performs work for the regional board.
Ala. Code § 2-11-3 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-3
Section 2-11-3 Powers of Commissioner and Board
Status: in_force

(a) The commissioner shall have the power to:

(1) Inspect and determine the grade and condition of agricultural products both at shipping points and receiving centers within this state and provide for the issuance of certificates as to grade or condition of such products;

(2) Inspect, test and examine the containers for agricultural products;

(3) Investigate, collect and disseminate data and statistics as to the location, quantities and time when available of agricultural products produced, stored or held within this state, information as to the cost and facilities for the transportation, storage and distribution of such products and information as to market prices of such products in the markets of the state and other markets;

(4) Acquire and use such information and data as may be necessary and useful in making recommendations to the Public Service Commission to avoid and prevent discrimination in the transportation of such products of this state and to secure fair and reasonable rates for such transportation;

(5) Investigate the needs of terminal and other distributing facilities for agricultural products and cooperate and advise with corporations, municipalities and other persons concerning the establishment of such facilities;

(6) Obtain and disseminate such information and data relating to the preceding subjects from outside this state as may be practicable and of value to producers and consumers within this state; and

(7) Investigate the conduct and methods of exchanges and boards of trade within this state for the purchase and sale of agricultural products.

(b) The Board of Agriculture and Industries shall have the power to:

(1) Determine and adopt standards for any and all agricultural products as to classification, quality or condition of such products and such other qualifications as may be of value for the purposes of this article;

(2) Determine and adopt standards for any and all containers for agricultural products and to provide for and require the marking of such containers;

(3) Include in or exclude from such standards any agricultural products as may appear for the promotion of the purposes of this article and to change such standards as and when such may seem best; and

(4) Make any and all reasonable rules and regulations necessary to carrying out the objects and purposes of this article not inconsistent with the law.
Ala. Code § 2-9-7 — Alabama Code / Title 2 / Chapter 9 / Section 2-9-7
Section 2-9-7 Withdrawals and Expenditures to Be Pursuant to Budget and Allotment; Unappropriated or Unexpended Funds
Status: in_force

The withdrawal or expenditure of any funds in the State Treasury to the credit of the Agricultural Fund for the payment of salaries, expenses, equipment, operational costs or maintenance or for any reason whatsoever shall be pursuant to budget and allotment as is provided in Article 4 of Chapter 4 of Title 41 of this Code, and limited to the amounts provided therefor by the Legislature in the general appropriation bill; provided, that the provisions of this sentence shall not affect in any manner or to any extent the appropriations for payment of rentals made in Sections 2-6-50 through 2-6-54. Any unappropriated funds remaining in the Agricultural Fund or any unexpended funds remaining in the appropriation to the Department of Agriculture and Industries by the Legislature at the end of each fiscal year shall be carried in the State Treasury in the Agricultural Fund.
Ala. Code § 11-54A-1 — Alabama Code / Title 2 / Chapter 54A / Section 11-54A-1
Section 11-54A-1 Legislative Intent
Status: in_force

The revitalization and redevelopment of any business district of any city in Alabama develops and promotes for the public good and general welfare trade, commerce, industry, and employment opportunities and promotes the general welfare of the city and state by creating a climate favorable to the location of new industry, trade, and commerce. Revitalization and redevelopment of a business district by financing projects under the chapter will develop and promote for the public good and general welfare trade, commerce, industry, and employment opportunities and will promote the general welfare of the city and state. It is therefore in the public interest and is vital to the public welfare of the people of Alabama, and it is hereby declared to be the public purpose of this chapter, to so revitalize and redevelop any business district of any city in the state.
Ala. Code § 11-40-13 — Alabama Code / Title 2 / Chapter 40 / Section 11-40-13
Section 11-40-13 Notice Required for Enactment of General Law Applying to Single Municipality
Status: in_force

No general law which at the time of its enactment applies to only one municipality of the state shall be enacted unless notice of the intention to apply therefor shall have been given and shown as provided in Section 106 of the Constitution of Alabama of 1901 for special, private, or local laws; provided, that such notice shall not be deemed to constitute such law a local law.
Ala. Code § 11-43C-66 — Alabama Code / Title 2 / Chapter 43C / Section 11-43C-66
Section 11-43C-66 Head of Division of Finance - Powers and Duties
Status: in_force

The head of the division of finance shall have general management and control of the division and of finance. He shall have charge, subject to the direction and control of the mayor, of the administration of the financial affairs of the city, and to that end shall have authority and be required to:

(1) Cooperate with the mayor in compiling estimates for the general fund, public utility, and capital budgets;

(2) Supervise and control all encumbrances, expenditures, and disbursements to insure that budget appropriations are not exceeded;

(3) Prescribe and install systems of accounts for all departments, offices, and agencies of the city and provide instructions for their use; and prescribe the form of receipts, vouchers, bills, or claims to be used and of accounts to be kept by all departments, offices, and agencies of the city;

(4) Require daily, or at such other intervals but no longer than weekly, a report of receipts from each of such departments, offices, and agencies, and prescribe the time and the manner in which moneys received by them shall be paid to the office of the division of finance or deposited in a city bank interest bearing account under his control;

(5) Examine all contracts, purchase orders, and other documents, except bonds and notes which create financial obligations against the city, and approve the same only upon ascertaining that money has been appropriated and allotted therefor and that an unexpended and unencumbered balance is available in such appropriation and allotment to meet the same; provided that the head of the division of finance may give advance authorization for the expenditure from any appropriation for the purchase of supplies, materials, or equipment within the current allotment of such appropriation during a period not to exceed the ensuing three calendar months for the purchase of items not to exceed in cost $100.00 for any one item, and may immediately encumber such appropriation with the amount of such advance authorization; and thereafter, within the period specified, purchase orders for such items, to an aggregate not exceeding such authorization, shall be valid without the prior approval of the head of the division of finance. Each such purchase order, however, shall be charged against such authorization and no such purchase order, which together with all such purchase orders previously charged within the period specified, shall exceed the amount of such authorization;

(6) Have custody of all funds under the control of the city or any office, department, or agency and deposit all funds coming into his hands in such depositories as may be designated by resolution or ordinance of the council, or, if no such resolution or ordinance be adopted, by the mayor, subject to the requirements of law as to surety and the payment of interest on deposits. All such interest shall be the property of the city and shall be accounted for and credited to the proper account. The head of the division of finance shall not be liable for any loss sustained as to funds of the city that are on deposit in such a designated bank or depository;

(7) Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the city government and with the advice of legal counsel, determine the regularity, legality, and correctness of such claims, demands, or charges;

(8) Have custody of all invested funds of the city unless otherwise provided by this chapter, or by law, ordinance, or the terms of any trust, and be responsible for the safekeeping of all bonds and notes of the city and for the receipt and delivery of city bonds and notes for transfer, registration, and exchange;

(9) Have supervision over the preparation of bonds, including advertisements for their sale, preparation of bond prospectuses, conduct of their sale, and their delivery subject to applicable provisions of law and municipal ordinances. Bonds shall be authenticated by the manual signature of the director of finance and shall bear the facsimile signature of the mayor and a facsimile of the seal of the city. Interest coupons transferable by delivery shall be attached to the bond and shall be authenticated by the facsimile signature of the director of finance;

(10) Supervise and direct the placing of all types of insurance carried by the city where the premiums in whole or in part are paid by the city, or the premiums in whole or in part are withheld through the payrolls; the amount of all types of insurance on which the city pays the premiums in whole or in part shall be determined by the council after a recommendation by the mayor;

(11) Submit to the mayor for presentation to the council not later than the twelfth day of each month, a statement showing in reasonable detail the revenues received by the city during the preceding month, the revenues received during that fiscal year up to and through the end of the preceding month, the expenditures made during the preceding month, and the accumulated expenditures made during that fiscal year up to and through the end of the preceding month, together with a comparison of said items with the budget estimates;

(12) Furnish to the head of each department, office, or agency of the city a copy of that portion of the statement herein provided, as it relates to the department, office, or agency;

(13) Prepare and submit to the mayor at the end of each fiscal year, for the preceding year, a complete financial statement and report of the financial transactions of the city;

(14) Designate, with the approval of the mayor, and subject to the provisions of the merit system, an employee of the department of finance who, during the temporary absence or incapacity of the director, shall have and perform all the powers and duties conferred or imposed upon the director;

(15) Protect the interests of the city by withholding the payment of any claim or demand by any person, firm, or corporation against the city until any indebtedness or other liability due from such person, firm, or corporation shall first have been settled and adjusted;

(16) Collect all special assessments, license fees, and other revenues of the city and collect all money receivable from the county, state, or federal government, or from any court, or from any office, department, or agency of the city;

(17) Inspect and audit, with approval of the mayor, records of financial transactions which may be maintained in any office, department, or agency of the city government apart from, or subsidiary to, the accounts kept in the office of the head of the division of finance; and

(18) Supervise, through the division of purchases, the purchase, storage, and distribution of all supplies, materials, equipment, and other articles used by any office, department, or agency of the city government.
Ala. Code § 11-48-105 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-105
Section 11-48-105 Correction of Description of Ownership of Property; Reduction of Assessment
Status: in_force

The governing body of a municipality may, at any time before judgment entered in the circuit court, correct errors in the description of ownership of property against which an assessment has been made for public improvements and may, whenever in its judgment the assessment is in excess of the special benefits derived from such improvement, reduce the assessment pending appeal.
Ala. Code § 11-72-5 — Alabama Code / Title 2 / Chapter 72 / Section 11-72-5
Section 11-72-5 Ownership and Maintenance of Trees
Status: in_force

The Class 2 municipality and other governmental subdivisions and agencies of the state, shall continue to be the owners of and, subject to the provisions hereof, continue to be responsible for the maintenance of and care for all trees on publicly owned property, and the Tree Commission shall have no duties other than those specifically provided in the chapter.
Ala. Code § 2-8-20 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-20
Section 2-8-20 Rules and Regulations
Status: in_force

The State Board of Agriculture and Industries is hereby authorized and empowered to adopt and promulgate rules and regulations to carry out the evident intent and purpose of this article, which shall include rules and regulations governing the holding of referendums as adopted by the certified association, rules and regulations governing the collection, deposit, handling, withdrawal and disbursement of assessments collected under this article and such other reasonable rules and regulations as may be necessary to effectuate the evident intent and purposes of this article.
Ala. Code § 11-46-26 — Alabama Code / Title 2 / Chapter 46 / Section 11-46-26
Section 11-46-26 Proceedings Where Only One Candidate or Nominee for Office
Status: in_force

In the event only one individual has filed a statement of candidacy for an office by 5:00 P.M. on the fourth Tuesday in June preceding the date set for an election of municipal officers pursuant to subsection (g) of Section 11-46-25, then that individual shall for all purposes be deemed elected to office, any provisions of this article to the contrary notwithstanding. The mayor or other chief executive officer shall not cause the name of that individual so elected or the office for which his or her candidacy was declared to be printed on the ballot, but shall immediately file a written statement with the governing body of the municipality, attested by the clerk, certifying the fact that only one individual filed a statement of candidacy for the office of _____ (naming the office) by 5:00 P.M. on the fourth Tuesday in June preceding the day of _____, 2__, the date set for an election of municipal officers in the City (Town) of _____, Alabama, and setting forth the name of the individual. At its first regular meeting after receiving the mayor or other chief executive officer’s statement the governing body of the municipality shall adopt a resolution declaring the individual named in the statement duly elected to the office described in the statement and shall issue a certificate of election for the individual. Certificates of election shall be filed as provided in Section 11-46-55(d). For the purpose of this article, each place on the council of a municipality organized under the mayor-council form of government shall be considered a separate office.
Ala. Code § 2-20-4 — Alabama Code / Title 2 / Chapter 20 / Section 2-20-4
Section 2-20-4 Sale of Mill Oats or Adulterated Corn, Oats, Rye, Etc.; Seizure of Adulterated Corn, Oats, Rye, Etc., Generally
Status: in_force

Any person who shall sell what is known to the trade as “mill oats” or like product either by itself or in combination with a commercial feed, as defined in Section 2-21-1, or who shall sell corn, oats, rye, wheat or barley which has been adulterated by means of the addition thereto of screenings, chaff, weed seed, wild oats, “mill oats” or water shall be guilty of a misdemeanor, and the corn, oats, rye, wheat or barley so adulterated shall be subject to seizure and confiscation pursuant to Article 2 of Chapter 2 of this title.
Ala. Code § 2-16-1 — Alabama Code / Title 2 / Chapter 16 / Section 2-16-1
Section 2-16-1 Definitions
Status: in_force

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

(1) PUBLIC HATCHERY. Any establishment that regularly artificially hatches and sells or offers for sale to the public baby chicks or the young of any domestic fowl under six weeks of age or hatching eggs or that does custom hatching.

(2) CHICK DEALER or JOBBER. Any person, firm or corporation that buys baby chicks or turkey poults and sells or offers same for sale.
Ala. Code § 2-21-21 — Alabama Code / Title 2 / Chapter 21 / Section 2-21-21
Section 2-21-21 Misbranding
Status: in_force

A commercial feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another commercial feed;

(3) If it is not labeled as required in Section 2-21-20;

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or

(5) If any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Ala. Code § 11-72-2 — Alabama Code / Title 2 / Chapter 72 / Section 11-72-2
Section 11-72-2 Creation; Composition
Status: in_force

There is created a Tree Commission within each Class 2 municipality, to consist of the same number of members as the number of members of the city council each member to be appointed by the city council of the Class 2 municipality.

The city council of the Class 2 municipality shall make the appointments to the commission within a reasonable time after May 5, 2015. Each member of the commission shall serve at the pleasure of the city council. Members serving on the commission on May 5, 2015, shall be eligible for appointment by the city council of the Class 2 municipality. Commissioners shall serve until a successor takes office, and any vacancies shall be filled by appointment.
Ala. Code § 11-60-18 — Alabama Code / Title 2 / Chapter 60 / Section 11-60-18
Section 11-60-18 Exemptions of Corporations - Usury and Interest Laws
Status: in_force

Each corporation organized pursuant to the provisions of this chapter is hereby exempted from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of Chapter 8 of Title 8.
Ala. Code § 2-11-121 — Alabama Code / Title 2 / Chapter 11 / Section 2-11-121
Section 2-11-121 Labeling Requirements - Generally
Status: in_force

(a) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as “honey,” “liquid or extracted honey,” “strained honey” or “pure honey” which is not pure honey, nor may the label of any such article or product in imitation or semblance of honey, depict thereon a picture or drawing of a bee, beehive or honeycomb.

(b) No person, firm, association, company or corporation shall manufacture, sell, expose or offer for sale, any compound or mixture branded or labeled as honey which shall be made up of honey mixed with any other substance or ingredient.

(c) Whenever honey is mixed with any other substance or ingredient and the commodity is to be marketed, there shall be printed on the package containing such compound or mixture a statement giving the ingredients of which it is made; if honey is one of such ingredients it shall be so stated in the same size type as are the other ingredients, but it shall not be sold, exposed for sale, or offered for sale as honey; nor shall such compound or mixture be branded or labeled with the word “honey” in any form other than as herein provided; nor shall any product in semblance of honey, whether a mixture or not, be sold, exposed or offered for sale as honey, or branded or labeled with the word “honey,” unless such article is pure honey.
Ala. Code § 11-48-38 — Alabama Code / Title 2 / Chapter 48 / Section 11-48-38
Section 11-48-38 Appeals to Circuit Court from Assessments - Entry on Trial Docket
Status: in_force

Said appeal shall be entered on the trial docket in said court and shall be a preferred case therein.
Ala. Code § 11-42-80 — Alabama Code / Title 2 / Chapter 42 / Section 11-42-80
Section 11-42-80 Assessment, Collection, and Disposition of Street Tax in Territory Exempt from Taxation
Status: in_force

The council or governing body of the city shall have the same rights and powers by and under an ordinance enacted to assess and collect a street tax from every person liable to road or street duty residing in the territory exempt from taxation that it has to assess and collect such tax from other persons residing within the corporate limits of the city, but not in territory exempt from taxation.

The money collected from persons residing in territory exempt from taxation shall be applied by the council or governing body of the city towards keeping up and maintaining the public roads or streets in the territory exempt from taxation or in opening new roads or streets in such territory.
Ala. Code § 11-65-30 — Alabama Code / Title 2 / Chapter 65 / Section 11-65-30
Section 11-65-30 Commission Wagering Fees
Status: in_force

(a) Each horse racing operator shall pay to the treasurer of the commission licensing such operator a commission horse wagering fee for each calendar year during which it conducts any horse racing events. The amount of the commission horse wagering fee for an operator for a given calendar year shall be equal to the sum of (i) two percent of the horse racing handle of such operator for such calendar year to the extent that such handle does not exceed $150,000,000.00 and (ii) four percent of the portion of the horse racing handle of such operator for such calendar year that exceeds $150,000,000.00. Each operator shall make payment of its commission horse wagering fee for each calendar year to the treasurer of the licensing commission in monthly installments. For each calendar year, the monthly installment referable to any month (other than the month during which the final racing event for such calendar year shall be conducted) shall be equal to two percent of the horse racing handle for such month. The monthly installment referable to the month during which the final racing event for any such calendar year shall be conducted shall be equal to the sum of (i) two percent of the horse racing handle for such month and (ii) two percent of the portion of the aggregate horse racing handle for such calendar year in excess of $150,000,000.00. The installment of the commission horse wagering fee referable to any calendar month shall be paid to the treasurer of the commission prior to the end of the next succeeding calendar month.

(b) If at any time during a calendar year the aggregate horse racing handle of an operator for such calendar year exceeds $150,000,000.00, then such operator shall, in order to assure the availability of the moneys required to pay the final installment of its commission horse wagering fee for such calendar year, set aside and invest moneys in an amount equal to two percent of the portion of such aggregate horse racing handle in excess of $150,000,000.00 in investments of the kind in which the funds of a commission are permitted by Section 11-65-9 to be invested by its treasurer. Any such investments acquired by an operator shall be held by it in trust for the benefit of the commission licensing such operator in order to secure the payment of the commission horse wagering fee, but the operator shall be entitled to any interest earned from such investments until the due date of the final installment of the commission horse wagering fee for such calendar year.

(c) Each greyhound operator shall pay to the treasurer of the commission licensing such operator a commission greyhound wagering fee for each calendar year during which it conducts any greyhound racing events. The amount of the commission greyhound wagering fee for a greyhound racing operator for a given calendar year shall be determined as follows: (1) For the period beginning with the commencement of greyhound racing by such operator pursuant to a license granted by the commission and ending ten years after the end of the calendar year in which such greyhound racing first commences, the amount of the commission greyhound wagering fee in each calendar year shall be equal to the sum of (i) two percent of the greyhound racing handle of such operator for such calendar year to the extent that such handle does not exceed $150,000,000.00 and (ii) four percent of the portion of the greyhound racing handle of such operator for such calendar year that exceeds $150,000,000.00; and (2) For the period beginning ten years after the end of the calendar year in which such operator first commences greyhound racing pursuant to a license granted by the commission and continuing with each calendar year thereafter, the amount of the commission greyhound wagering fee in each calendar year shall be equal to the sum of (i) two percent of the greyhound racing handle of such operator for such calendar year to the extent that such handle does not exceed $150,000,000.00, (ii) six percent of the portion of the greyhound racing handle of such operator for such calendar year that exceeds $150,000,000 but does not exceed $300,000,000.00 and (iii) four percent of the portion of the greyhound racing handle of such operator for such calendar year that exceeds $300,000,000.00. Each operator shall make payment of its commission greyhound wagering fee for each calendar year to the treasurer of the licensing commission in monthly installments. For each calendar year, the monthly installment referable to any month (the “subject month”) shall be determined in accordance with the following procedure: first, determine whether, as a result of the passage of time from the commencement of greyhound racing by such operator, the provisions of subdivision (c)(1) or (c)(2) apply to such calendar year; second, determine the cumulative amount of the greyhound racing handle of such operator for the months of such calendar year preceding the subject month; third, determine the amount of the greyhound racing handle of such operator for the subject month; fourth, using the cumulative amount of the handle for the preceding months as a benchmark, allocate the handle for the subject month among the annual brackets specified in subdivision (c)(1) or (c)(2), whichever is applicable; and fifth, calculate the commission greyhound wagering fee for the subject month by applying the percentage applicable to each bracket to the portion of the handle for the subject month allocated to such bracket. The installment of the commission greyhound wagering fee referable to each calendar month shall be paid to the treasurer of the commission prior to the end of the next succeeding calendar month.

No commission shall have the power to increase the commission horse wagering fee or the commission greyhound wagering fee above the limits provided in this chapter or to levy or impose any additional license fee or equivalent tax or charge against horse racing or greyhound racing and pari-mutuel wagering thereon conducted under the provisions of this chapter.
Ala. Code § 2-15-125 — Alabama Code / Title 2 / Chapter 15 / Section 2-15-125
Section 2-15-125 Lapse of Charter Upon Transfer of Business or Failure to Pay Licensing Fees; “Transfer” Defined
Status: reserved

Repealed by Act 2017-226, §2, effective August 1, 2017.
Ala. Code § 11-44-150 — Alabama Code / Title 2 / Chapter 44 / Section 11-44-150
Section 11-44-150 Petition to Probate Judge for Election as to Abandonment of Commission Form of Government
Status: reserved

Repealed by Act 2016-295, §1(a), effective May 10, 2016.
Ala. Code § 2-16-3 — Alabama Code / Title 2 / Chapter 16 / Section 2-16-3
Section 2-16-3 Permit Required; Refusal or Revocation of Permit; Appeal and Review
Status: in_force

(a) No person, firm or corporation shall operate a public hatchery, and no chick dealer or jobber shall operate within this state without first obtaining an annual permit from the state Commissioner of Agriculture and Industries to so operate. The fee to be paid for such annual permit shall be established by the Board of Agriculture and Industries not to exceed sixty dollars ($60), which shall be due and payable on January 1 of each year; and, unless such permit fee is paid within 30 days, a 15 percent delinquent penalty shall be added. All permit fees, including delinquent penalty fees, shall be paid into the Agricultural Fund of the State Treasury. The permit may be revoked for a violation of this article or the regulations promulgated under this article.

(b) Any person who is refused a permit or whose permit is revoked may appeal from the decision of such commissioner to the State Board of Agriculture and Industries by a written demand for such appeal, which appeal must be heard at the next meeting of the State Board of Agriculture and Industries. The board shall enter judgment as it deems proper from the facts.

(c) The action of the board in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the hatchery, chick dealer or jobber is located or resides, upon a complaint being filed in the circuit court, accompanied by a bond to be approved by the register or clerk, within 15 days after notice to the applicant or permittee of the board’s decision. The complaint shall be styled in the name of the applicant or permittee as plaintiff against the commissioner, as defendant, and shall set forth the action complained of and request its reversal. The commissioner shall serve an answer within 30 days after the complaint is served upon him or her. The case shall be heard de novo by the court and it shall be determined from the evidence whether the refusal or revocation of the permit is or is not justified under the provisions of this article, and judgment shall be accordingly entered, subject to the right of appeal, which shall lie as in other civil cases, which decision shall be binding upon the parties.

(d) Appeal rights provided in this section shall not suspend the action of the commissioner in the revocation or refusal of a permit.
Ala. Code § 11-50-300.04 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-300.04
Section 11-50-300.04 Certificate of Incorporation
Status: in_force

(a) A regional board shall amend its certificate of incorporation after the conversion date to do all of the following:

(1) Acknowledge that the regional board has met the requirements of Section 11-50-300(a).

(2) Change its name to reflect the regional nature of the board. The new name shall include the name of the authorizing municipality.

(3) Make any other necessary amendment that is not inconsistent with this division or the enabling statute.

(b) An amendment of the regional board’s certificate of incorporation shall be made in the following manner:

(1) The board of directors of the regional board shall first adopt a resolution setting forth in full the proposed amendment to the certificate of incorporation.

(2) The amendment shall recite the adoption of the resolution by the board of directors. (3) After the amendment is executed by the chair or vice chair of the regional board and acknowledged before an officer authorized by the laws of this state to take acknowledgment of deeds, the amendment shall be filed in the office of the judge of probate where the board’s original certificate of incorporation was filed. The amendment shall be effective upon filing.

(3) After the amendment is executed by the chair or vice chair of the regional board and acknowledged before an officer authorized by the laws of this state to take acknowledgment of deeds, the amendment shall be filed in the office of the judge of probate where the board’s original certificate of incorporation was filed. The amendment shall be effective upon filing.
Ala. Code § 2-9-22 — Alabama Code / Title 2 / Chapter 9 / Section 2-9-22
Section 2-9-22 Insurance for Employees of Department of Agriculture and Industries at Shipping Points, Etc
Status: in_force

The Commissioner of Agriculture and Industries, subject to approval by the Governor, is hereby authorized and empowered and may enter into a contract by bond or policy with an insurance company authorized to do business in this state whereby employees of the Department of Agriculture and Industries who are engaged in work involving inspection, grading, classifying, weighing or otherwise handling agricultural commodities at shipping points, terminal markets, receiving centers or elsewhere will be insured against personal injury or death caused by accidental means while discharging their duties as such employees. The amount of insurance protection to be paid to any employee as authorized under this section on account of death, injury or disability shall not exceed the amount or amounts as provided by the workmen’s compensation laws of the State of Alabama if such employees were privately employed; except, that such insurance may provide additional benefits not to exceed $10,000.00 per employee for the payment of hospital and medical expenses. The cost of any accident, death, disability, hospital, medical or other insurance benefits as authorized under this section shall be paid out of the Shipping Point Inspection Fund of the State Treasury.
Ala. Code § 11-72-4 — Alabama Code / Title 2 / Chapter 72 / Section 11-72-4
Section 11-72-4 Funding
Status: in_force

The commission is authorized to accept contributions and to expend the same for the purposes of carrying out its duties and obligation imposed by this chapter.
Ala. Code § 11-66-2 — Alabama Code / Title 2 / Chapter 66 / Section 11-66-2
Section 11-66-2 Legislative Findings and Declaration of Purpose
Status: in_force

It is the desire of the state to assist in the restoration and improvement of municipal government buildings, roads, streets, and other facilities, and to promote the health, safety, and public welfare of the citizens of the state. The making available in the manner provided in this chapter of appropriated moneys to assist the financing of much needed capital improvement projects will assist municipal government services and promote the welfare and prosperity of the people of the state.
Ala. Code § 11-54-28 — Alabama Code / Title 2 / Chapter 54 / Section 11-54-28
Section 11-54-28 Notice To, Consent or Approval of Governmental Body, Etc., Not to Be Required for Issuance or Sale of Bonds or Execution of Mortgages
Status: in_force

No notice to or consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of this article.
Ala. Code § 2-8-46 — Alabama Code / Title 2 / Chapter 8 / Section 2-8-46
Section 2-8-46 Notice of Referendum
Status: in_force

When a referendum has been authorized as provided in Section 2-8-45, the certified association shall, not less than 30 days before the date for such referendum, publicly announce the date, hours, polling places and rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected and the general purposes for which said amount so collected shall be expended and applied. Such notice shall be published by the certified association through the medium of an established farm publication, and written notice thereof shall be given to each county extension chairman in the area covered by the referendum.
Ala. Code § 11-50-233 — Alabama Code / Title 2 / Chapter 50 / Section 11-50-233
Section 11-50-233 Certificate of Incorporation - Acknowledgment, Filing, and Recordation
Status: in_force

The certificate of incorporation shall be acknowledged before an officer authorized by the laws of this state to take acknowledgment of deeds. When so acknowledged, the certificate may be filed with the judge of probate of the county in which such city or town is located, who shall forthwith file such certificate and record the same.

When application has been made as provided in Section 11-50-231 and a certificate of incorporation filed and recorded as provided in this section, the applicants shall constitute a corporation under the name proposed in the certificate of incorporation.