Ala. Code § 45-49-261.08 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-261.08
Section 45-49-261.08 Appeals to Board of Adjustment
Status: in_force

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or department of Mobile County affected by any decision of any administrative officer representing the county in an official capacity in the enforcement of this part or of any ordinance or regulation adopted pursuant to this part. Notwithstanding any provision herein, the board of adjustment shall have no jurisdiction to review any decision already determined by the Mobile County Commission. The appeal shall be taken within 30 days of the decision by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action was taken. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. The proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for hearing the appeal, give public notice to the interested parties, and decide the appeal within a reasonable time. Any party may appear in person, by agent, or by an attorney.
Ala. Code § 45-7-82.20 — Alabama Code / Title 45 / Chapter 7 / Section 45-7-82.20
Section 45-7-82.20 Definitions
Status: in_force

For the purposes of this subpart, the following terms shall have the following meanings:

(1) DISTRICT ATTORNEY. The District Attorney of the Second Judicial Circuit of the State of Alabama, or any of his or her staff.

(2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose is to protect people. This may include, but is not limited to, police personnel, sheriff personnel, the coroner, the department of human resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether that agency or department is in the State of Alabama or located elsewhere.

(3) OFFENDER. Any person charged with a crime as defined by this code, which was allegedly committed in the jurisdiction of the Second Judicial Circuit of the State of Alabama.

(4) SERIOUS PHYSICAL INJURY. As that term is defined in subdivision (14) of Section 13A-1-2.
Ala. Code § 45-57A-63.101 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.101
Section 45-57A-63.101 Receipts from Special Assessments
Status: in_force

In the budget and budget proposal revenues from the collection of special assessments on property specially benefitted shall not be stated in an amount which is in excess of the amount of the receipts so derived which it is estimated will be held in cash on the first day of the budget year.
Ala. Code § 45-51A-32.24 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-32.24
Section 45-51A-32.24 Board of Trustees - Officers
Status: in_force

The chief, or other person acting in such capacity, of the fire department shall be the president of the board of trustees, and at the first meeting after each election as provided hereinabove, the board of trustees shall elect a secretary who shall perform such duties as may be assigned by the board of trustees and as may be set forth in the rules and bylaws of the trustees. The board of trustees may elect such other officers as it deems necessary or desirable for the conduct of its business.
Ala. Code § 45-57A-63.130 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.130
Section 45-57A-63.130 Fees Paid to City Government
Status: in_force

All fees received by any officer or employee shall belong to the city government and shall be paid daily to the department of finance. Any officer or employee who shall fail to pay such fees to the department of finance on the day the fees are received by him or her shall be guilty of a misdemeanor, and upon conviction thereof, shall be dismissed from employment.
Ala. Code § 45-9-91.20 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-91.20
Section 45-9-91.20 Establishment and Designation; Services; Regulation of Industrial Parks
Status: in_force

(a) Subject to the written approval of the owners of 100 percent in interest based on assessed value for ad valorem tax purposes of each 10 acres, or the part thereof to be included in the proposed industrial park, the County Commission of Chambers County in the State of Alabama may establish industrial parks composed of territory wholly within the county boundaries and without the boundaries of any municipality. Any person, firm, or corporation who desires to obtain a designation of an area as an industrial park shall file a petition with the county commission of the county wherein the property is located requesting that the county commission designate the area proposed as an industrial park, and include with such petition the consent of the land owners as above required. The consent of each consenting owner shall be acknowledged before a notary public or other person authorized to take acknowledgements to deeds in Alabama.

(b) An industrial park may include any compact body of land which is used exclusively for industrial purposes or which is primarily suited for industrial development.

(c) Before any designation is made of an industrial park or any change is made of the boundaries of an existing one, the county commission shall hold not less than one public hearing thereon. The county commission shall give notice of the purpose, time, and place of the public hearing by one publication in a newspaper of general circulation throughout the county not less than 10 days prior to the date set for the hearing. The designation of an industrial park or any change of the boundaries of an existing one shall be by resolution of the county commission. The resolution shall refer expressly to the map or maps and descriptive and other matter related to the industrial park, and the action taken by the county commission shall be recorded on the map or maps and descriptive and other matter by the identifying signature of the presiding officer of the county commission. Certified copies of the map or maps and descriptive and other matter shall be filed with the county commission and with the clerk of the probate court.

(d) Whenever the county commission has designated an industrial park or has made a change of the boundaries of an existing one and has filed certified copies thereof as provided in subsection (c), no facilities shall be thereafter located therein that are not industrial in character or reasonably related thereto; provided, however, no construction or installation permits shall be required, but the county commission may resort to judicial process to enforce such industrial requirements.

(e) The person, firm, or corporation that files a petition with the county commission seeking to have land designated as an industrial park may file with the probate judge of the county in which the land is located, a set of by-laws governing the industrial park and listing the facilities to be furnished by the governing body of the industrial park.

(f) Those industries located within the boundaries of any industrial park shall each privately furnish and maintain upon their own premises within the areas of their individual facilities or the industries located within the boundaries of any industrial park or governing body of any industrial park shall furnish and maintain individually or as a group the following services usually provided by county or local governments:

(1) The construction and cleaning of streets;

(2) Street lighting;

(3) Sewers and sewerage works;

(4) Water service;

(5) Fire protection;

(6) Garbage and refuse collection and disposal;

(7) Police protection; and

(8) Wharf and dock facilities, where applicable.

Agreements between the industries located within the boundaries of an industrial park and the county commission and/or any municipality or municipalities located nearby may be made for mutual police and fire protection, water service or any other service. No industrial park shall be subject to municipal annexation, nor shall it be considered as a part of the police jurisdiction of any municipality. All industrial parks shall be subject to the jurisdiction of the sheriff and courts of the county in which they are located in the same manner that cities and towns are subject to such jurisdiction. All industrial parks so created shall include provisions for access by public road to any and all entrances to the premises of each and every plant in such area which entrances are provided for use by employees of such company, or for use by employees of independent contractors working on such premises, or for delivery of materials or supplies, other than by rail or water transportation to such premises.

(g) The county commission may abolish the industrial park or remove a portion of the territory from an industrial park if (1) the industries located therein request the abolishment of the industrial park or the removal of a portion of the territory from an industrial park; or (2) the property or a portion of the property within the industrial ceases to be used for industrial park purposes. The county commission may abolish an industrial park or remove a portion of the territory from an industrial park only by resolution adopted after not less than one public hearing on the question. The resolution of a county commission to abolish an industrial park or remove a portion of the territory from an industrial park shall be effective 30 days after the resolution is adopted by the county commission, provided that no resort to the courts is taken challenging such action prior to the expiration of such 30 days by a property owner within the area affected. If such action is taken by a property owner, the resolution of the county commission shall be effective only when a judgment adverse to the property owner has been rendered and is final, executory, and definitive. The results of any final action taken under this subsection which in any way alters the boundaries of the industrial park shall be filed with the clerk of the probate court.

(h) When an industrial park has been created, such action shall not limit or diminish the rights and responsibilities of the county commission concerning the industrial park. The county commission shall retain the right to tax the industrial park as it does all other areas of the county.
Ala. Code § 45-8A-22.134 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.134
Section 45-8A-22.134 No Contract of Employment
Status: in_force

The plan shall not be deemed to constitute a contract between the City of Anniston and any participant or to be consideration or an inducement for the employment of any participant or employee of the City of Anniston’s police department or fire department. Nothing contained in the plan shall be deemed to give any participant or employee the right to be retained in the service of the City of Anniston or to interfere with the right of the City of Anniston to discharge any participant or employee at any time regardless of the effect which such discharge shall have upon an employee as a participant in the plan.
Ala. Code § 45-36-232.30 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-232.30
Section 45-36-232.30 Revocation of Release - Violation of Condition of Release
Status: in_force

a) A person who has been conditionally released pursuant to Section 45-36-232.28 and who has violated a condition of release, shall be subject to revocation of release and, in addition, may be prosecuted for contempt of court.

(b) Proceedings for revocation of release may be initiated upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible for administering this subpart, to the district attorney. A warrant for the arrest of a person charged with violating a condition of release may be issued by an officer authorized to issue warrants, on the affidavit of the district attorney or any assistant district attorney, or on the affidavit of any person responsible for administering this subpart. The person arrested under such a warrant shall be brought before a judicial officer in the county. No order of revocation shall be entered unless, after hearing, the judicial officer finds that there is clear and convincing evidence that the person has violated a condition of his or her release due to inattention, negligence, or by act of will.

(c) Contempt sanctions may be imposed if, upon a hearing and in accordance with procedures applicable to criminal contempt, it is established that the person violated a condition of his or her release. The contempt proceedings shall be expedited and heard by the court without a jury. A person found guilty of contempt for violation of a condition of release shall be imprisoned for not more than six months, or fined not more than one thousand dollars ($1,000), or both.
Ala. Code § 45-42-162.03 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.03
Section 45-42-162.03 Procedures for Establishment of Metropolitan-Government
Status: in_force

Establishment of the metropolitan-government shall be initiated by a referendum which shall be participated in by Limestone County, the City of Athens, and such other local governments wholly within Limestone County as by resolution of the governing body agree to participate as an entity. The procedure shall be conducted as follows:

(1) Each governing body shall be authorized to adopt a resolution expressing intent to participate in the referendum. The referendum shall decide two questions: a. the adoption establishing a metropolitan-government countywide and b. the approval for disincorporation of the City of Athens and the disincorporation of such other local governments as agree to participate as an entity. The metropolitan-government shall be established by approval of a majority (one more than 50 percent) of the total votes cast countywide and by approval of a majority (one more than 50 percent) of the total votes cast for the disincorporation question by voters in the City of Athens. Any other participating local government where the disincorporation question receives a majority (one more than 50 percent) of the total votes cast on the disincorporation question in that jurisdiction shall also participate fully in the metropolitan-government. Upon passage of the referendum and the disincorporation question in their respective jurisdictions, the governing body of the City of Athens and such other local governments in Limestone County as agree to participate as an entity shall act to disincorporate when the metropolitan-government is established with the assumption of duties by the mayor and commission of the newly formed government. Those local governments in Limestone County that do not participate in the disincorporation question or where approval of disincorporation fails to receive a majority of the total votes cast on this question in the referendum shall not participate fully in the metropolitan-government regardless of the passage of this part countywide, and the metropolitan-government jurisdiction shall apply to these jurisdictions only to the extent that county jurisdiction previously prevailed. Those local governments in Limestone County that do not participate in the disincorporation referendum or in the subsequent establishment of the metropolitan-government may later merge with the metropolitan-government upon action of their governing bodies to disincorporate.

(2) Within 180 days of passage of this act and the approval of the disincorporation question in the county and in the City of Athens and in any other participating cities, the judge of probate shall call an election for the purpose of electing the metropolitan-government governing body to include the mayor and the metropolitan commission. Drawing of district lines shall be completed within 60 days of passage of this act.

(3) The newly elected officials shall assume office 90 days following their election to office.

(4) Those constitutional officers of the county, having been duly elected for a specified term shall continue to serve.
Ala. Code § 45-28-234.03 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.03
Section 45-28-234.03 Personnel Board Created; Composition
Status: in_force

(a) There is created the Personnel Board of the Office of the Sheriff of Etowah County which shall be composed of five members. One member shall be appointed by the sheriff and one member shall be appointed by each of the four members of the legislative delegation representing Etowah County.

(b) The initial appointments shall be as follows:

(1) The member appointed by the Sheriff of Etowah County shall serve an initial term of four years and shall serve as chair of the board.

(2) The member appointed by the State Senator representing Senate District 10 shall serve an initial term of four years.

(3) The member appointed by the House of Representatives member representing House District 28 shall serve an initial term of three years.

(4) The member appointed by the House of Representatives member representing House District 29 shall serve an initial term of two years.

(5) The member appointed by the House of Representatives member representing House District 30 shall serve an initial term of one year.

(c) After completion of the initial term, all appointees shall serve terms of four years.

(d) Each member of the board shall be a qualified elector of the county. No person shall be appointed to the board who holds any salaried public office or employment with the county, nor shall any member of the board be eligible for appointment to any salaried office or employment in the service of the county or any county elective office or board for a period of one year after he or she has ceased to be a member of the personnel board. Any member of the board who is a candidate for, or is elected or appointed to another public office, shall not be eligible to serve as a member of the board.

(e) Members of the board shall take the constitutional oath of office, which shall be filed in the office of the judge of probate . Vacancies on the board shall be filled in the same manner as original appointments.
Ala. Code § 45-39-245.06 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-245.06
Section 45-39-245.06 Collection and Enforcement
Status: in_force

(a) Unless otherwise authorized and directed by the governing body of Lauderdale County as provided in subsection (b), the taxes herein levied shall be collected by and paid to the Judge of Probate of Lauderdale County in his or her official capacity. All reports required to be made to the Commissioner of Revenue of the State of Alabama as to state sales and use taxes under the aforesaid Act 100 of the 1959 Second Special Session of the Legislature and Articles 11, 11A, and 11B of Chapter 20 of Title 51 of the Code of Alabama of 1940 and amendments thereto, as to such taxes herein levied shall also be made to the Judge of Probate of Lauderdale County, Alabama, and as to the taxes herein levied the Judge of Probate of Lauderdale County, Alabama, shall have and exercise the same powers, duties, and obligations as are imposed on the Commissioner of Revenue of the State of Alabama by the aforesaid Act 100 of the 1959 Second Special Session of the Legislature and Articles 11, 11A, and 11B of Chapter 20 of Title 51 of the Code of Alabama of 1940, and amendments thereto, as to state taxes therein levied. The Judge of Probate of Lauderdale County shall be reimbursed out of the taxes for all clerk hire and other expense incurred by him or her in the collection, handling, and disbursing of monies, and shall also be entitled to reasonable compensation for his or her services in connection therewith, to be paid out of the tax monies, not to exceed one percent of such collection. And each person or party paying any tax under this subpart to the judge of probate shall be authorized to deduct from the remittance three percent of the amount of such tax for reimbursement for the expense of collecting and reporting such tax.

(b) If authorized and directed by resolution of the governing body of Lauderdale County, all taxes herein levied shall be collected by and paid to the State Department of Revenue at the same time and along with the collection by the department of taxes levied and collected for the State of Alabama under Act 100 adopted at the 1959 Second Special Session of the Legislature of Alabama, as amended, and acts supplemental thereto, and Articles 11, 11A, and 11B of Chapter 20 of Title 51 of the Code of Alabama of 1940, as amended, and acts supplemental thereto, and amendatory thereof. In the event of such authorization and direction the provisions hereinafter set out in this subsection shall apply to the payment and collection of the taxes herein levied. The duties hereby imposed upon the Commissioner of Revenue, the Department of Revenue, and the Comptroller shall be assumed and discharged by them after the making and filing with the State Department of Revenue of a certified copy of the authorizing resolution of the governing body be imposed upon the Department of Revenue until the 1st day of the month next following the expiration of 30 days from the date of the filing with it of such certified copy of the authorizing resolution which shall be the beginning period for the collection of such taxes as shall be due on and after the 1st day of the month. This subpart shall be enforced by the Commissioner of Revenue and the State Department of Revenue in the same way, and subject to the same rules and regulations, including discounts to licensees, as the state sales tax and the state use tax are enforced as provided in Act 100 adopted at the 1959 Second Special Session of the Legislature of Alabama, as amended, and in Articles 11, 11A, and 11B of Chapter 20 of Title 51, Code of Alabama, 1940, as amended, respectively, and acts supplemental thereto and amendatory thereof, except where inapplicable or where herein otherwise expressly provided. The State Department of Revenue shall prepare and distribute such reports, forms, and other information as may be necessary for the collection of the taxes herein levied. On and prior to the due dates of the taxes herein levied each person subject to the taxes shall file with the State Department of Revenue a report or return in such form as may be prescribed by the department, setting forth with respect to all sales and business that are required to be used as a measurement of the taxes herein levied, a correct statement of the gross proceeds of all such sales and the gross receipts of all such business, and setting forth with respect to the use taxes herein levied, the total sales price of all property the use, storage, or other consumption of which became subject to the tax during the then preceding quarterly period. Such reports shall include also such other items of information pertinent to the taxes and the amounts thereof as the State Department of Revenue may require. Any person subject to the taxes levied herein may defer reporting credit sales until after their collection, and in the event he or she so defers reporting them, he or she shall thereafter include in each monthly report all credit collections made during the month preceding and shall pay the taxes due thereon at the time of filing such report. All reports and returns filed with the State Department of Revenue under this subsection shall be available for inspection by the governing body of Lauderdale County, or its designated agent, at reasonable times during business hours. The State Department of Revenue shall have full right, power, and authority for the use and benefit of Lauderdale County and the City of Florence, as the case may be, to collect the taxes herein levied and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that this state or the department has for collection of the state sales and use tax. The State Department of Revenue shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the taxes levied by this subpart and otherwise to enforce this subpart, including any litigation involving this subpart; and the department shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the taxes collected by it hereunder. The State Department of Revenue shall charge Lauderdale County and the City of Florence, respectively, for collecting the respective special county and city taxes herein levied such amount or percentage of total collections as may be agreed upon by the Commissioner of Revenue and the governing body of Lauderdale County, but such charge shall not in any event exceed five percent of the total amount of the special city and county taxes collected hereunder. Such charge for collecting the taxes may be deducted each month from the special sales and special use taxes collected before certifying the amount of the proceeds thereof due the designated recipients of such taxes for that month. The Commissioner of Revenue shall pay into the State Treasury all taxes collected under this subpart as such taxes are received by the Department of Revenue. On or before the fifth day of each successive month, commencing with the month following the month in which the department makes the first collections hereunder, the commissioner shall certify to the Comptroller the amount of taxes collected under this subpart and paid by him or her into the State Treasury for the benefit of Lauderdale County and the City of Florence respectively during the month immediately preceding the making of such certificate. Provided, however, that before certifying the amount of the taxes paid into the State Treasury during each month for the benefit of Lauderdale County and the City of Florence respectively, the commissioner may deduct from the taxes collected in the month the charges due the department for such collection.

(c) If the governing body of Lauderdale County elects to invoke the provisions of subsection (b) for the collection of the taxes herein levied it shall adopt a resolution so declaring and availing itself of the alternative methods prescribed by subsection (b) for the collection of the taxes herein levied it shall adopt a resolution so declaring and file a certified copy thereof with the Department of Revenue, whereupon the duties imposed upon the Commissioner of Revenue, the State Department of Revenue, and the Comptroller hereby shall terminate as of the 1st day of the month next following the expiration of 30 days from the date of the filing with the State Department of Revenue of such certified copy and thereupon the provisions of subsection (a) shall be automatically effective.
Ala. Code § 45-39A-11.21 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-11.21
Section 45-39A-11.21 Authorization to Create and Maintain Tourism Improvement Districts
Status: in_force

The city council may create and maintain tourism improvement districts within its corporate limits pursuant to this part.
Ala. Code § 45-21-84.08 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-84.08
Section 45-21-84.08 Renewal of License by Mail
Status: in_force

The judge of probate may mail to any person to whom a motor vehicle license has been previously issued an application for renewal of a license required to be returned prior to the expiration date of the license. The application for renewal may be in the form of a postcard and shall contain sufficient information to adequately identify and process the renewal. The signature of the licensee on the application and proper remittance shall constitute sufficient authority for the judge of probate to issue the license and return the license to the licensee by mail. The county commission may establish a fee to be entitled “mail order fee” in an amount not to exceed three dollars ($3) to pay the cost of this mailing procedure. The fee shall be collected by the judge of probate at the time of issuance and paid over to the general fund of the county as are other fees and commissions.
Ala. Code § 45-45-201.03 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-201.03
Section 45-45-201.03 Director - Oath; Bond
Status: in_force

Before entering upon the duties of his or her office, the director of the department shall take the oath of office prescribed by the constitution, and shall enter into bond conditioned as other official bonds are conditioned. The bond shall be in a sum as may be prescribed by the governing body of the county. The bonds shall be approved by the county governing body and filed with and recorded by the judge of probate of the county and may be made by a surety company or surety companies authorized by their charters to execute official bonds, provided they are qualified to do business in this state, or the bond may be made with individual sureties or banks or other corporations qualified to do business in this state and authorized under their charters to make bonds. All premiums on the bonds shall be paid out of the general fund of the county.
Ala. Code § 45-48-231.23 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-231.23
Section 45-48-231.23 Redemption of Property
Status: in_force

The owner of abandoned or stolen personal property recovered by the sheriff’s department may redeem the property for a period of one year from the date of the sale or public auction at any time prior to its sale by paying the reasonable expenses incurred in the recovery of the property, its maintenance and storage, and a pro rata share of the costs of publication of notice of the sale of the property.
Ala. Code § 45-45-31.02 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-31.02
Section 45-45-31.02 Appropriation of Funds
Status: in_force

The court or board may from time to time appropriate amounts out of the general fund of the county sufficient to pay the cost of photographing or microphotographing the public records belonging to the county, and may from time to time appropriate amounts sufficient to purchase necessary photographic or microphotographic equipment, materials, and supplies therefor.
Ala. Code § 45-49-120.18 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-120.18
Section 45-49-120.18 Working Test Period
Status: in_force

(a) Entry level or initial employment, or both.

(1) Every person appointed to an initial position with each jurisdiction for entry into the classified service is a probationary employee with that jurisdiction, and shall be tested by a working test while occupying the position. The period of the working test shall commence immediately upon appointment and shall continue for such time, not less than six months, as shall be established by the director. At times during the working test period, and in the manner as the director may require, the appointing authority shall report to the director his or her observation of the employee’s work, and his or her judgment as to the employee’s willingness and ability to perform his or her duties satisfactorily, and as to his or her habits and dependability. At any time during his or her working test period, after the first two months thereof, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that the employee is unable or unwilling to perform his or her duties satisfactorily or that his or her habits and dependability do not merit his or her continuance in the service. Upon removal, the appointing authority shall report to the director and to the employee removed, his or her action and the reason therefor. No more than three employees shall be removed successively from the same position during their working test periods without the approval of the director. The appointing authority may remove an employee within the first two months of his or her working test period only with the approval of the director. The director may remove an employee during his or her working test period if the director finds, after giving the employee notice and an opportunity to be heard, that the employee was appointed as a result of a fraud or error.

(2) Prior to the expiration of an employee’s working test period, unless the employee has been previously removed, the appointing authority shall notify the director in writing whether the service of the employee has been satisfactory and whether he or she will continue the employee in his or her position. If the employee is not to be continued in his or her position, the employee shall be provided a copy of the notice and should not be paid for work performed after the expiration of his or her working test period.

(3) If any employee is removed from his or her position during his or her working test period, and the director determines that he or she is suitable for appointment to another position, his or her name may be restored to the list from which it was certified.

(b) Promotion level. Every person in the classified service is a probationary employee in each promoted position and shall be tested by a working test period while occupying the promoted position. All provisions of subdivisions and (2) of subsection (a) apply to the promoted employee. If an employee is removed from his or her promoted position during his or her working test period, the employee may be restored to the position from which the employee was promoted.
Ala. Code § 45-37A-52.272 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.272
Section 45-37A-52.272 Short Title
Status: in_force

This part shall be known and may be cited as the Mayor-Council Act of 1955.
Ala. Code § 45-13-80.01 — Alabama Code / Title 45 / Chapter 13 / Section 45-13-80.01
Section 45-13-80.01 Additional Court Costs and Fees; Courthouse Addition
Status: in_force

(a) In any case in which court costs are assessed in the district and circuit courts of Clarke County, or the municipal courts in the county, there shall be assessed and collected as other costs and charges are collected, an additional court cost as follows:

(1) In all circuit court criminal, civil, and domestic cases: Fifty dollars ($50).

(2) In district court cases as follows:

a. Criminal and civil (except as provided herein): Twenty-five dollars ($25).

b. Traffic: Twenty-five dollars ($25).

c. Small claims: Ten dollars ($10).

d. Juvenile: Ten dollars ($10).

(3) In all municipal court cases: Twenty dollars ($20).

(b) The additional court costs and fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the cases are waived.

(c) The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Clarke County to be used by the Clarke County Commission for planning, designing, constructing, financing, furnishing, equipping, operating, and maintaining an addition to the existing county courthouse. The fee authorized hereunder shall not be collected after the retirement of all indebtedness, including refinancing indebtedness, incurred to finance the costs of constructing, financing, and equipping such addition to the county courthouse.
Ala. Code § 45-2-82 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-82
Section 45-2-82 Branch Offices of the Judge of Probate and Revenue Commissioner
Status: in_force

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

(b)(1) In addition to the main courthouse in Bay Minette, the Legislature hereby authorizes the judge of probate and revenue commissioner to operate offices in the branch courthouses located in the Cities of Foley and Fairhope year-round, an additional office in Bay Minette, removed from the main courthouse, at the county seat in Bay Minette year-round, and an additional office in Robertsdale year-round. The judge of probate and revenue commissioner shall employ a clerk and other personnel to perform all the functions that are authorized by law to be performed for their respective offices. The offices shall remain open during the normal business hours set by the Baldwin County Commission.

(2) All documents for recordation shall be recorded in a timely manner at the main courthouse, at the branch courthouses, or at the Central Baldwin County Annex in Robertsdale where the documents are presented for recordation. Documents may be transmitted by the postal service, by hand delivery, electronically, or by other means.

(3) It is the intent of the Legislature that documents may not be routed or distributed from the original location where presented for recordation unless the document is transmitted or transported from the branch courthouse to the main courthouse for recordation.

(c) The Baldwin County Commission may authorize payment of expenses incurred at the additional offices located in Bay Minette, Fairhope, Robertsdale, and Foley according to the budgetary process established by the commission.

(d) The provisions of this section shall be retroactive to January 1, 1985.
Ala. Code § 45-8A-22.118 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.118
Section 45-8A-22.118 Maximum Benefits; Limitations; Adjustments
Status: in_force

(a) Annual Benefit and Final Regulations Under Internal Revenue Code Section 415.

(1) Annual Benefit. For purposes of this section, “annual benefit” means the benefit payable annually under the terms of the plan, exclusive of any benefit not required to be considered for purposes of applying the limitations of Internal Revenue Code Section 415 to the plan, in the form of a straight life annuity with no ancillary benefits. If the benefit is payable in any other form, the annual benefit shall be adjusted to the equivalent of a straight life annuity pursuant to subsection (c).

(2) Final Regulations Under Internal Revenue Code Section 415. Notwithstanding anything in this section to the contrary, the following provisions apply beginning on or after January 1, 1976, except as otherwise provided in this section.

a. Incorporation by Reference. The limitations, adjustments, and other requirements prescribed in the plan shall comply with the provisions of Internal Revenue Code Section 415 and the final regulations promulgated thereunder, the terms of which are specifically incorporated herein by reference for limitation years beginning on or after July 1, 2007, except where an earlier effective date is otherwise provided in the final regulations or in this section. However, where the final regulations permit the plan to specify an alternative option to a default option set forth in the regulations, and the alternative option was available under statutory provisions, regulations, and other published guidance relating to Internal Revenue Code Section 415 as in effect prior to April 5, 2007, and the plan provisions in effect as of April 5, 2007, incorporated the alternative option, the alternative option shall remain in effect as a plan provision for limitation years beginning on or after July 1, 2007, unless another permissible option is selected herein.

b. Grandfather Provision. The application of the provisions of this section shall not cause the maximum annual benefit for any participant to be less than the participant’s accrued benefit under all the defined benefit plans of the City of Anniston or a predecessor employer as of the end of the last limitation year beginning before July 1, 2007, under provisions of the plans that were both adopted and in effect before April 5, 2007. The preceding sentence applies only if the provisions of such defined benefit plans that were both adopted and in effect before April 5, 2007, satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to Internal Revenue Code Section 415 in effect as of the end of the last limitation year beginning before July 1, 2007, as described in Treasury Regulations Section 1.415(a)-1(g)(4).

c. Adjustment to Dollar Limit After Date of Severance. In the case of a participant who has had a severance from employment with the City of Anniston, the defined benefit dollar limitation applicable to the participant in any limitation year beginning after the date of severance shall automatically be adjusted under Internal Revenue Code Section 415(d).

(3) Treatment of Qualified Governmental Excess Benefit Arrangements. Pursuant to Internal Revenue Code Section 415(m), in determining whether the plan meets the requirements of this section, the annual benefit does not include benefits provided under any qualified governmental excess benefit arrangement as defined in Internal Revenue Code Section 415(m)(3).

(b) Maximum Annual Benefit.

(1) Notwithstanding the foregoing and subject to the exceptions and adjustments below, effective for limitation years ending after December 31, 2001, the annual benefit otherwise payable to a participant under the plan at any time shall not exceed the maximum annual benefit, and if the benefit a participant would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum annual benefit, the benefit shall be limited, or the rate of accrual reduced, to a benefit that does not exceed the maximum annual benefit. The maximum annual benefit payable to a participant under the plan in any limitation year shall equal the “defined benefit dollar limitation” (“Maximum Annual Benefit”). The “defined benefit dollar limitation” one hundred sixty thousand dollars ($160,000), as adjusted, effective January 1 of each year, under Internal Revenue Code Section 415(d) in such manner as the secretary-treasurer shall prescribe, and payable in the form of a straight life annuity. Such dollar limitation as adjusted under Internal Revenue Code Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies.

(2) For purposes of applying the limitations of Internal Revenue Code Section 415, the “limitation year” shall be the calendar year. All qualified plans maintained by the City of Anniston must use the same limitation year. If the limitation year is amended to a different 12 consecutive month period, the new limitation year must begin on a date within the limitation year in which the amendment is made.

(3) Notwithstanding anything in this section to the contrary, if the plan was in existence on May 6, 1986, and had complied at all times with the requirements of Internal Revenue Code Section 415, the maximum annual benefit for any individual who is a participant as of the first day of the limitation year beginning after December 31, 1986, shall not be less than the “current accrued benefit.” “Current accrued benefit” shall mean a participant’s accrued benefit under the plan, determined as if the participant had separated from service as of the close of the last limitation year beginning before January 1, 1987, when expressed as an annual benefit within the meaning of Internal Revenue Code Section 415(b)(2). In determining the amount of a participant’s current accrued benefit, the following shall be disregarded: a. any change in the terms and conditions of the plan after May 5, 1986; and b. any cost of living adjustment occurring after May 5, 1986.

(4) For the purpose of this section, all qualified defined benefit plans, whether terminated or not, ever maintained by the City of Anniston shall be treated as one defined benefit plan.

If a participant is, or has ever been, a participant in more than one defined benefit plan maintained by the City of Anniston, the sum of the participant’s annual benefits from all such plans may not exceed the maximum annual benefit of this subsection (b). Where the participant’s City of Anniston provided benefits under all defined benefit plans ever maintained by the City of Anniston, determined as of the same age, would exceed the maximum annual benefit applicable at that age, the City of Anniston will reduce the rate of accrual in the plan to the extent necessary so that the total annual benefit payable at any time under such plans will not exceed the maximum annual benefit.

(5) For the purpose of this section, if the City of Anniston is a member of a controlled group of corporations, trades or businesses under common control, as defined by Internal Revenue Code Section 1563(a) or Internal Revenue Code Section 414(b) and (c) as modified by Internal Revenue Code Section 415(h), or is a member of an affiliated service group, as defined by Internal Revenue Code Section 414(m), all employees of such employers shall be considered to be employed by a single employer.

(6) Notwithstanding anything contained in this section to the contrary, the limitations, adjustments, and other requirements prescribed in this section shall at all times comply with the provisions of Internal Revenue Code Section 415 and the regulations thereunder.

(7) Affect on Participants of EGTRRA Increase in Internal Revenue Code Section 415(b) Limitations. Effective for limitation years ending after December 31, 2001, benefit increases resulting from the increase in the limitations of Internal Revenue Code Section 415(b) on account of the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”) will be provided to all current and former participants, with benefits limited by Internal Revenue Code Section 415(b), who have an accrued benefit under the plan immediately prior to the effective date of this section, other than an accrued benefit resulting from a benefit increase solely as a result of the increases in limitations under Internal Revenue Code Section 415(b).

(c) Adjustments to Annual Benefit and Limitations.

(1) Adjustment if Fewer than 10 Years. Effective for limitation years ending after December 31, 2001, if a participant has fewer than 10 years of participation in the plan, then the defined benefit dollar limitation of subsection (b) shall be multiplied by a fraction, a. the numerator of which is the number of years, or part thereof, of participation in the plan, and b. the denominator of which is 10. However, in no event shall such fraction be less than 1/10th. Notwithstanding the foregoing, no adjustment shall be made to the defined benefit dollar limitation for a distribution on account of a participant becoming disabled by reason of personal injuries or sickness, or as a result of the death of a participant.

For purposes of this section, a “year of participation” means each accrual computation period for which the following conditions are met: a. the participant is credited with a period of service for benefit accrual purposes, required under the terms of the plan in order to accrue a benefit for the accrual computation period, and b. the participant is included as a participant under the eligibility provisions of the plan for at least one day of the accrual computation period. If these two conditions are met, the portion of a year of participation credited to the participant shall equal the amount of benefit accrual service credited to the participant for such accrual computation period. A participant who is permanently and totally disabled within the meaning of Internal Revenue Code Section 415(c)(3)(C)(i) for an accrual computation period shall receive a year of participation with respect to the period. In no event will more than one year of participation be credited for any 12-month period.

(2) Adjustment of Defined Benefit Dollar Limitation for Commencement Before Age 62. Effective for benefits commencing in limitation years ending after December 31, 2001, the defined benefit dollar limitation shall be adjusted if the annuity starting date of the participant’s benefit is before age 62.

a. Limitation Years Beginning Before July 1, 2007. If the annuity starting date for the participant’s benefit is prior to age 62 and occurs in a limitation year beginning before July 1, 2007, the defined benefit dollar limitation for the participant’s annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the participant’s annuity starting date that is the actuarial equivalent of the defined benefit dollar limitation with actuarial equivalence computed using whichever of the following produces the smaller annual amount: 1. the applicable interest rate and applicable mortality table, or other tabular factor, as defined in Internal Revenue Code Section 417(e)(3); or 2. a five percent interest rate assumption and the applicable mortality table as defined in Internal Revenue Code Section 417(e)(3).

b. Limitation Years Beginning On or After July 1, 2007.

1. Plan Does Not Have Immediately Commencing Straight Life Annuity Payable at Both Age 62 and the Age of Benefit Commencement. If the annuity starting date for the participant’s benefit is prior to age 62 and occurs in a limitation year beginning on or after July 1, 2007, and the plan does not have an immediately commencing straight life annuity payable at both age 62 and the age of benefit commencement, the defined benefit dollar limitation for the participant’s annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the participant’s annuity starting date that is the actuarial equivalent of the defined benefit dollar limitation with actuarial equivalence computed using a five percent interest rate assumption and the applicable mortality table under Treasury Regulations Section 1.417(e)-1(d)(2), or the applicable mortality table as required by law, that is effective for that annuity starting date, and expressing the participant’s age based on completed calendar months as of the annuity starting date.

2. Plan Has Immediately Commencing Straight Life Annuity Payable at Both Age 62 and the Age of Benefit Commencement. If the annuity starting date for the participant’s benefit is prior to age 62 and occurs in a limitation year beginning on or after July 1, 2007, and the plan has an immediately commencing straight life annuity payable at both age 62 and the age of benefit commencement, the defined benefit dollar limitation for the participant’s annuity starting date is the lesser of the limitation determined under paragraph b.1. and the defined benefit dollar limitation multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the plan at the participant’s annuity starting date to the annual amount of the immediately commencing straight life annuity under the plan at age 62, both determined without applying the limitations of this section.

c. Mortality Adjustments. Notwithstanding the other requirements of this section, no adjustment shall be made to the defined benefit dollar limitation to reflect the probability of a participant’s death between the annuity starting date and age 62 if benefits are not forfeited upon the death of the participant prior to the annuity starting date. To the extent benefits are forfeited upon death before the annuity starting date, such an adjustment shall be made. For this purpose, no forfeiture shall be treated as occurring upon the participant’s death if the plan does not charge participants for providing a qualified preretirement survivor annuity, as defined in Internal Revenue Code Section 417(c), upon the participant’s death.

d. Exception for Certain Participants to the Adjustment of Defined Benefit Dollar Limitation for Commencement Before Age 62.

1. Qualified Participants. Pursuant to Internal Revenue Code Section 415(b)(2)(G) and (H), no age adjustment is made to the defined benefit dollar limitation for commencement before age 62 for any “qualified participant.” For this purpose, a “qualified participant” is a participant in a defined benefit plan that is maintained by a state or any political subdivision of a state with respect to whom the service taken into account in determining the amount of the benefit under the defined benefit plan includes at least 15 years of service of the participant as a full-time employee of any police department or fire department that is organized and operated by the state or political subdivision maintaining such defined benefit plan to provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such state or political subdivision, or as a member of the Armed Forces of the United States.

2. Survivor and Disability Benefits. Pursuant to Internal Revenue Code Section 415(b)(2)(I), no age adjustment is made to the defined benefit dollar limitation for commencement before age 62 for a distribution from the plan on account of a participant becoming disabled by reason of personal injuries or sickness, or as a result of the death of a participant.

(3) Actuarial Equivalence of Forms of Benefit Other Than a Straight Life Annuity. Effective for distributions in plan years beginning after December 31, 2003, the determination of actuarial equivalence of forms of benefit other than a straight life annuity shall be made in accordance with paragraph a. or b.

a. Benefit Forms Based on a Participant’s Life, Not Subject to Internal Revenue Code Section 417(e)(3). The straight life annuity that is actuarially equivalent to the participant’s form of benefit shall be determined under this section if the form of the participant’s benefit is either 1. a nondecreasing annuity, other than a straight life annuity, payable for a period of not less than the life of the participant, or, in the case of a qualified pre-retirement survivor annuity, the life of the surviving spouse, or 2. an annuity that decreases during the life of the participant merely because of (i) the death of the survivor annuitant, but only if the reduction is not below 50 percent of the benefit payable before the death of the survivor annuitant, or (ii) the cessation or reduction of Social Security supplements or qualified disability payments, as defined in Internal Revenue Code Section 401(a)(11).

1. Limitation Years Beginning Before July 1, 2007. For limitation years beginning before July 1, 2007, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant’s form of benefit computed using whichever of the following produces the greater annual amount:

(i) The applicable interest rate and applicable mortality table, or other tabular factor, as defined in Internal Revenue Code Section 417(e)(3) for adjusting benefits in the same form; or

(ii) Five percent interest rate assumption and the applicable mortality table as defined in Internal Revenue Code Section 417(e)(3).

2. Limitation Years Beginning On or After July 1, 2007. For limitation years beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the greater of:

(i) The annual amount of the straight life annuity, if any, payable to the participant under the plan commencing at the same annuity starting date as the participant’s form of benefit; or

(ii) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant’s form of benefit, computed using a five percent interest rate assumption and the applicable mortality table as described in Treasury Regulations Section 1.417(e)-1(d)(2), or the applicable mortality table as required by law for that annuity starting date.

b. Benefit Forms Not Based on a Participant’s Life, Lump Sum, Term Certain, Subject to Internal Revenue Code Section 417(e)(3). The straight life annuity that is actuarially equivalent to the participant’s form of benefit shall be determined under this subsection if the form of the participant’s benefit is other than a benefit form described in paragraph a. In this case, the actuarially equivalent straight life annuity shall be determined as follows:

1. Annuity Starting Date in Plan Years Beginning After 2005. If the annuity starting date of the participant’s form of benefit is in a plan year beginning after 2005, the actuarially equivalent straight life annuity is equal to the greatest of:

(i) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant’s form of benefit, computed using the interest rate and mortality table specified in the plan for adjusting benefits in the same form.

(ii) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant’s form of benefit, computed using a five and one-half percent interest rate assumption and the applicable mortality table for the distribution under Treasury Regulations Section 1.417(e)-1(d)(2), or the applicable mortality table as required by law.

(iii) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant’s form of benefit, computed for the distribution under Treasury Regulations Section 1.417(e)-1(d)(3), or the applicable interest rate as required by law, and the applicable mortality table for the distribution under Treasury Regulations Section 1.417(e)-1(d)(2), or the applicable mortality table as required by law, divided by 1.05.

2. Annuity Starting Date in Plan Years Beginning in 2004 or 2005. If the annuity starting date of the participant’s form of benefit is in a plan year beginning in 2004 or 2005, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the participant’s form of benefit, computed using whichever of the following produces the greater annual amount:

(i) The applicable interest rate and applicable mortality table, or other tabular factor, as defined in Internal Revenue Code Section 417(e)(3) for adjusting benefits in the same form.

(ii) A five and one-half percent interest rate assumption and the applicable mortality table for the distribution under Treasury Regulations Section 1.417(e)-1(d)(2).

(4) For purposes of subsection (a) and subsection (c)(2), no adjustments under Internal Revenue Code Section 415(d) shall be taken into account before the limitation year for which such adjustment first takes effect.

(5) No actuarial adjustment to the benefit is required for a. the value of a qualified joint and survivor annuity, b. ancillary benefits that are not directly related to retirement benefits, such as a qualified disability benefit, pre-retirement death benefits, and post-retirement medical benefits, and c. the value of post-retirement cost of living increases made in accordance with Internal Revenue Code Section 415(d) and Treasury Regulations Section 1.415(d)-1. The annual benefit does not include any benefits attributable to employee contributions or rollover contributions, or the assets transferred from a qualified plan that was not maintained by the City of Anniston.

(d) Annual Benefit Not in Excess of Ten Thousand Dollars ($10,000).

(1) The plan may pay an annual benefit to any participant in excess of the participant’s maximum annual benefit if the annual benefit derived from employer contributions under the plan and all other defined benefit plans maintained by the City of Anniston does not in the aggregate exceed ten thousand dollars ($10,000) for the limitation year or for any prior limitation year and the City of Anniston has not at any time maintained a defined contribution plan, a welfare benefit fund under which amounts attributable to post-retirement medical benefits are allocated to separate accounts of key employees, as defined in Internal Revenue Code Section 419(A)(d)(3), or an individual medical account in which the participant participated. For purposes of this subsection, if the plan provides for voluntary or mandatory employee contributions, such contributions will not be considered a separate defined contribution plan maintained by the City of Anniston.

(2) However, if a participant has fewer than 10 years of service with the City of Anniston, then the ten thousand dollar ($10,000) threshold of subsection (d)(1) shall be multiplied by a fraction, a. the numerator of which is the number of years, or part thereof, of service with the City of Anniston and b. the denominator of which is 10. However, in no event shall such fraction be less than 1/10th.

(e) Purchase of Permissive Service Credit.

(1) In General. If a participant makes one or more contributions to the plan to purchase permissive service credit under the plan, the requirements of Internal Revenue Code Section 415 shall be treated as met with respect to these contributions if:

a. The requirements of Internal Revenue Code Section 415(b) are met, determined by treating the accrued benefit derived from all such contributions as an annual benefit for purposes of Internal Revenue Code Section 415(b), provided, however, the plan shall not fail to meet the reduced limit under Internal Revenue Code Section 415(b)(2)(C) solely by reason of this section; or

b. The requirements of Internal Revenue Code Section 415(c) are met, determined by treating all such contributions as annual additions for purposes of Internal Revenue Code Section 415(c), provided, however, the plan shall not fail to meet the percentage limitation under Internal Revenue Code Section 415(c)(1)(B) solely by reason of this section.

(2) Limitation on Nonqualified Service Credit. The plan shall fail to meet the requirements of this section if:

a. More than five years of nonqualified service credit are taken into account; or

b. Any nonqualified service credit is taken into account before the participant has at least five years of participation under the plan.

(3) Definitions.

a. Permissive Service Credit. For purposes of this section, “permissive service credit” means service credit:

1. Recognized by the plan for purposes of calculating a participant’s benefit under the plan;

2. Which such participant has not otherwise received under the plan; and

3. Which such participant may receive only by making a voluntary additional contribution, in an amount determined under the plan, which does not exceed the amount necessary to fund the benefit attributable to such service credit.

Permissive service credit may include service credit for periods for which there is no performance of service, and, notwithstanding subsection (e)(3)a.2., may include service credited in order to provide an increased benefit for service credit which a participant is receiving under the plan.

b. Nonqualified Service Credit. For purposes of this section, “nonqualified service credit” means permissive service credit other than that allowed with respect to:

1. Service, including parental, medical, sabbatical, and similar leave, as an employee of the government of the United States, any state or political subdivision thereof, or any agency or instrumentality of any of the foregoing, other than military service or service for credit which was obtained as a result of a repayment described in Internal Revenue Code Section 415(k)(3);

2. Service, including parental, medical, sabbatical, and similar leave, as an employee, other than as an employee described in subparagraph 1., of an educational organization described in Internal Revenue Code Section 170(b)(1)(A)(ii) which is a public, private, or sectarian school which provides elementary or secondary education, through grade 12, or a comparable level of education, as determined under state law;

3. Service as an employee of an association of employees who are described in subsection (e)(3)b.1.; or

4. Military service, other than qualified military service, recognized by the plan.

In the case of service described in subsections (e)(3)b.1, 2, and 3, such service will be nonqualified service if recognition of such service would cause a participant to receive a retirement benefit for the same service under more than one plan.

(4) Special Rules for Trustee-to-Trustee Transfers. In the case of a trustee-to-trustee transfer to which Section 403(b)(13)(A) or 457(e)(17)(A) applies, without regard to whether the transfer is made between plans maintained by the same employer:

a. The limitations above shall not apply in determining whether the transfer is for the purchase of permissive service credit; and

b. The distribution rules applicable to the defined benefit governmental plan to which any amounts are so transferred shall apply to such amounts and any benefits attributable to such amounts.

(5) Effective Date. This section shall be effective with respect to permissive service credit contributions made in years beginning after December 31, 1997. Notwithstanding the foregoing, in the case of an “eligible participant,” the limitations of Internal Revenue Code Section 415(c)(1) shall not be applied to reduce the amount of permissive service credit which may be purchased to an amount which is less than the amount which was allowed to be purchased under the terms of the plan as in effect on August 5, 1997. For purposes of this subsection, an “eligible participant” is an individual who became a participant in the plan before January 1, 1998.

(f) Annual Benefit Attributable to Mandatory Employee Contributions.

(1) In the case of “mandatory employee contributions” as defined in Internal Revenue Code Section 411(c)(2)(C) and Treasury Regulations Section 1.411(c)-1(c)(4), or contributions that would be mandatory employee contributions if Internal Revenue Code Section 411 applied to the plan, the annual benefit attributable to such mandatory employee contributions is determined by applying the factors applicable to mandatory employee contributions as described in Internal Revenue Code Section 411(c)(2)(B) and (C) and regulations promulgated under Internal Revenue Code Section 411 to those contributions to determine the amount of a straight life annuity commencing at the annuity starting date, regardless of whether the requirements of Internal Revenue Code Sections 411 and 417 apply.

(2) For purposes of applying such factors to the plan, the applicable effective date of Internal Revenue Code Section 411(a)(2), which is used under Treasury Regulations Section 1.411(c)-1(c)(3) to determine the beginning date from which statutorily specified interest must be credited to mandatory employee contributions, must be determined as if Internal Revenue Code Section 411 applied to the plan, and in determining the annual benefit that is actuarially equivalent to these accumulated contributions, the plan must determine the interest rate that would have been required under Internal Revenue Code Section 417(e)(3) as if Internal Revenue Code Section 417 applied to the plan.
Ala. Code § 45-30-80 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-80
Section 45-30-80 Docket Fee
Status: in_force

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Franklin County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows: One dollar ($1) of the fees assessed in each case shall be distributed to the office of the Circuit Clerk in Franklin County and the remainder to the Solicitor’s Fund or District Attorney’s Fund in the county or to the fund that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. The solicitor’s fee provided in this section is imposed pursuant to the authority granted in Amendment 418 of the Constitution of Alabama of 1901, now appearing as Official Recompilation of the Constitution of Alabama of 1901, Local Amendments, Franklin County, Section 1, as amended, which authorizes the Legislature to fix, alter, and regulate the costs of court in Franklin County.

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

(c) The solicitor’s fee may be expended, as the district attorney sees fit, for the payment of any and all expenses incurred by the district attorney for law enforcement and in the discharge of the duties of the office. That portion of the fees earmarked for the office of the Circuit Clerk of Franklin County may be expended at the request of the circuit clerk for any lawful purpose.

(d) This section shall be effective June 13, 2007. Any fees collected under this section after June 13, 2007, are ratified and confirmed.
Ala. Code § 45-44-170.04 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-170.04
Section 45-44-170.04 Licensing and Operation of Junkyards
Status: in_force

(a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 45-44-170.01, but not limited to those items any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any highway, without obtaining a county license to do so from the Macon County Commission through the county license commissioner, or other like official. No license shall be granted except for those junkyards, which are screened, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the highway or any adjoining real property.

(b) Fencing shall mean a commercial privacy type fence and entrance gate such as of chain link with interwoven slats, also known as panelweaves, brick, wood, or a living fence comprised of plant material, erected so as to provide complete screening of the view to the passing public.

(c) The fence or wall shall not be less than eight feet nor more than 10 feet in height. In order for the area to remain hidden from the road-view, the planting of trees may be required. Any living fencing shall be maintained, pruned, and groomed at all times. Any other type fencing shall be maintained and kept in good order both structurally and esthetically at all times.

(d) All vehicle wrecking, salvage, junk, storage yards, and auto repair shops shall be required to be enclosed by a fence as described in this section. The gates shall be constructed in the same manner as the fence and shall be closed when not in use. There shall be no storage outside of the fence, and the fence shall be no closer than 20 feet from the right-of-way of the nearest roadway.
Ala. Code § 45-51-243.09 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-243.09
Section 45-51-243.09 Recordkeeping
Status: in_force

It shall be the duty of every person required to collect the rental tax to keep and preserve suitable records of the rental revenues of the business and the rental tax collected, and such other books or accounts as may be necessary to determine the amount of rental tax that he or she collected, and was required to collect, from lessees or renters hereunder. It shall be the duty of every person to keep and preserve all invoices of tangible personal property leased or rented, and all such books, invoices, and other records shall be open for examination at any time by the county commission or its duly authorized agent. Any person leasing, who in addition leases for releasing, shall keep his or her books so as to show separately such transactions and the rental revenues of leasing for releasing. All transactions involving the leasing and rental of tangible personal property shall be subject to the rental tax in the absence of such separate records.
Ala. Code § 45-25-83 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-83
Section 45-25-83 Fee for Copies of Instruments
Status: in_force

Pursuant to the authority granted in subsection (d) of Section 12-19-90, the Judge of Probate of DeKalb County shall set the fee for supplying a copy of an instrument, provided however, the fee shall not exceed twenty-five cents ($0.25) per page. The fee shall be in lieu of any other fee prescribed by law for the service. The money shall be charged and deposited by the judge of probate into a special fund kept by the judge of probate. Such special fund shall be expended by the judge of probate, at his or her discretion, for the general operations of his or her office.
Ala. Code § 45-3-242 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-242
Section 45-3-242 Election of Commissioner
Status: in_force

Effective October 1, 1997, or upon occurrence of a vacancy in either the office of tax assessor or tax collector, there shall be a county revenue commissioner in Barbour County. A revenue commissioner shall be elected at the general election held in 1996 and at the general election held every six years thereafter, who shall serve for a term of six years beginning on the first day of October immediately following his or her election, and until a successor is elected and has qualified.
Ala. Code § 45-40-245.40 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-245.40
Section 45-40-245.40 Effective Date of Levy
Status: in_force

If the governing body of the county elects to levy or impose any of the taxes herein authorized to be levied and imposed, it shall specify as the effective date of any such levy the first day of the second month following such levy.
Ala. Code § 45-2-22.07 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-22.07
Section 45-2-22.07 Transfer of Wholesaler Business
Status: in_force

(a) Upon written notice of intent to transfer the wholesaler’s business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler’s business to a designated member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for Alabama wholesalers. The consent or approval of the supplier shall not be required of any transfer of the wholesaler’s business, including the assignment of wholesaler’s rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee (other than a designated member) who meets such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however, the supplier shall have the burden of proving that the proposed transferee fails to meet such qualifications and standards which are nondiscriminatory, material, and reasonable and consistently applied to Alabama wholesalers by the supplier. Provided, such designated member or transferee shall in no event be qualified as a transferee without the prior written approval or consent of the supplier, where such proposed transferee shall have been involved in any of the following:

(1) Insolvency filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors.

(2) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the U.S. government or any state, whereby service was interrupted for more than 61 days.

(3) Convicted of a felony under the United States Code, or the laws of any state which reasonably may adversely affect the good will or interest of the wholesaler or supplier.

(4) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.

(b) The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler’s business, including an assignment of wholesaler’s rights under the agreement, if the proposed transferee is a designated member, or if the transferee other than a designated member meets such nondiscriminatory, material, and reasonable qualifications required by the supplier for Alabama wholesalers. Where the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler’s business or the assignment of wholesaler’s rights under the agreement. The supplier shall have the burden of proving that it has acted in good faith and that there was good cause for failure to accept or consent to the transfer of the wholesaler’s business or the assignment of the wholesaler’s rights under the agreement.
Ala. Code § 45-37-243.14 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-243.14
Section 45-37-243.14 Taxes Constitute Debt
Status: in_force

The license taxes herein levied shall constitute a debt due the counties subject to this subpart, and may be collected by civil suit brought within three years after the tax has become due and payable. The judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties shall have the power to bring and prosecute any such suits in his or her own name as judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties for and on behalf of the counties subject to this subpart. The provisions of this section are cumulative and this section shall not be deemed to abridge or limit the power of the judge of probate, license commissioner, director of county department of revenue, or other public officer performing like duties in such counties to use all other methods of collection that are set forth herein.
Ala. Code § 45-30A-50.08 — Alabama Code / Title 45 / Chapter 30A / Section 45-30A-50.08
Section 45-30A-50.08 Pay Plan
Status: in_force

After the adoption by the governing body of a pay plan and any rules of its administration, the board, with the approval of the governing body, shall assign each position to one of the pay ranges provided in the pay plan to the end that the rate or range of compensation for each class provided for in the pay plan shall be such as to reflect fairly the differences in duties and responsibilities in the various classes.
Ala. Code § 45-15-80.07 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-80.07
Section 45-15-80.07 Additional Court Costs - Criminal Cases
Status: in_force

(a) In addition to any court costs and fees now or hereafter authorized in Cleburne County, the Cleburne County Commission may impose by resolution of the commission an additional fee in an amount not to exceed thirty dollars ($30) to be assessed and taxed as cost on each civil case and on each criminal case, including traffic cases, but excluding small claims cases, filed in the circuit court, district court, or any municipal court in Cleburne County. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(b) The additional fees when collected by the clerks or their collection officers of the courts shall be paid into the General Fund of Cleburne County to be held in a sub-account to be used by the Cleburne County Commission for the planning, designing, constructing, furnishing, equipping, and financing of a county jail and operating and maintenance costs associated with this jail and the county sheriff’s department.
Ala. Code § 45-8A-22.13 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.13
Section 45-8A-22.13 Removal, Suspension, or Discharge; Appeal; Charges; Hearings, Investigations, and Proceedings
Status: in_force

(a) The appointing authority can remove, discharge, or demote any civil service employee or grandfathered employee provided that within five days a report in writing of such action is made to the board, giving the reason for such removal, discharge, or demotion. The civil service employee or grandfathered employee shall have 10 days from the time of notification of his or her discharge, removal, or demotion in which to appeal to the board. The board shall thereupon order the charges or complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges. No permanent civil service employee or grandfathered employee, whose probationary period has been served, shall be removed, discharged, or demoted except for some personal misconduct, or fact, rendering his or her further tenure harmful to the public interest, or for some cause affecting or concerning his or her fitness or ability; and if such removal, discharge, or demotion is appealed to the board, then the same will become final only after a hearing upon written charges or complaint has been had and after an opportunity has been given him or her to face his or her accusers and be heard in his or her own defense. Pending a hearing on appeal, the affected civil service employee or grandfathered employee may be suspended; and after such hearing the board may order the civil service employee or grandfathered employee reinstated, demoted, removed, discharged, or suspended, or take such other disciplinary action as in their judgment is warranted by the evidence and under the law. Charges may be filed by any resident citizen of the city as follows: The charges must be in writing, must set forth succinctly the matters complained of, and must be sworn to before any member of the board or before any person authorized to administer oaths. Upon the receipt of such charges, the board, after due consideration, shall determine whether in its opinion it considers that the good of the service will be served by a trial thereon; and, if not, such charges may be dismissed by the board. If in the judgment of the board such charges are of a minor nature, such charges may be referred by the board to the appointing authority who shall make an investigation of the charges and make his or her recommendation to the board within such time as the board may prescribe, as to what disciplinary action, if any, should be taken. After such recommendation is made by the appointing authority and after due notice is given to the affected civil service employee or grandfathered employee of the receipt of such recommendation and the contents thereof, the board may, in its discretion, adopt and order executed the action recommended by the appointing authority, or any part thereof. However, if the complainant or the affected employee, or both of them, objects to the recommendation of the appointing authority, the board shall hold a public hearing de novo on the charges, and take such disciplinary action as in their judgment is warranted by the evidence and under the law. All hearings before the board shall be open to the public. All testimony given in all hearings before the board shall be taken down in shorthand by a stenographer. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case. In all proceedings before the board, the city attorney may appear and prosecute all charges instituted by the appointing authority when requested or directed to do so by the appointing authority. It shall not be the duty of the city attorney to prosecute any charges brought by a private citizen. In all proceedings before the board, the city attorney may appear and represent the interests of the city, and he or she shall also give such legal advice and legal assistance to the board as may be requested by it.

The board and its specially authorized representatives shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this subpart. The chief of police or some other police officer of the city shall serve all processes of the board, and shall attend upon and preserve order at all public hearings conducted by the board. In case a person refuses to obey such subpoena, the board or its representative may invoke the aid of any circuit court in order that the testimony or evidence be produced. Upon proper showing, such court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce all evidence and give all testimony relating to the matter in issue. A person who fails to obey such subpoena order may be punished by the court as for contempt. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the circuit courts of this state, which fees shall be paid from the treasury of the city.

(b) Any person aggrieved by a decision of the board may appeal such decision to the Circuit Court of Calhoun County in equity within 30 days from the rendition of such decision by the board. Review by the court shall be without a jury and be confined to the record, and to a determination of the questions of law presented; the board’s findings of fact shall be final and conclusive.

(c) All cases pending before the civil service board provided by Title 62, Chapter 4 Article 8, Code 1940, on September 11, 1953, shall be transferred to the board herein provided for and the proceedings thereon shall be held and conducted hereafter in accordance with the provisions of this subpart.
Ala. Code § 45-36-162 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-162
Section 45-36-162 Distribution of Payments
Status: in_force

(a) Any payments coming into the treasury of Jackson County that are derived, directly or indirectly, from payments by the Tennessee Valley Authority in lieu of payment of taxes shall be appropriated as follows:

(1) One percent to the Jackson County Economic Development Fund paid to the fund monthly until it reaches a balance of one million dollars ($1,000,000); the payments shall continue whenever the balance in the fund drops below one million dollars ($1,000,000). The county commission may invest the funds to the benefit of local governments and entities in the county, and expend the same for disaster relief in the county or for any economic purpose that benefits the county, including, but not limited to, any activity or purpose which provides an incentive for the creation or retention of jobs and employment opportunities in the county. Participating local governments or entities may apply for the funds for these purposes. It is the intent of this appropriation for the Jackson County Economic Development Fund to be used for recruiting industry; matching public or private grants the county may receive for industrial development; and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.

(2) The next one hundred forty-five thousand dollars ($145,000) of each year’s payments shall be paid to the Jackson County Hospital Board to provide all residents of Jackson County with adequate ambulance service.

(3) After the above appropriations, the next thirty-five thousand dollars ($35,000) of each year’s payments shall be distributed to the Scottsboro-Jackson County Rescue Squad for the maintenance and operation of the rescue squad’s equipment and facilities.

(4) After the above appropriation, the next one hundred five thousand dollars ($105,000) shall be paid to the Jackson County Economic Development Authority on an annual basis.

(5) In addition to the Jackson County Economic Development Authority, as provided above, the next seventy-five thousand dollars ($75,000), shall be annually paid to the authority. All appropriations made in this subdivision to the Jackson County Economic Development Authority shall be deposited in a special industrial development fund to be used only for the purposes of this subdivision as follows: For recruiting industry; matching public or private grants the county may receive for industrial development; and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.

(6) After the above appropriation, all Jackson County volunteer fire departments in good standing with the Jackson County Association of Volunteer Fire Departments shall be authorized to receive seven thousand five hundred dollars ($7,500) each annually to help furnish adequate fire protection in the communities that they serve. The amount paid to each volunteer fire department shall be paid at the direction of the county fire marshal and disbursed to each fire chief upon approval of the county fire marshal. In addition to the above, thirty-five thousand dollars ($35,000) shall be distributed to the Jackson County Association of Volunteer Fire Departments for use by the association.

(7) The next forty thousand dollars ($40,000) to the Greater Jackson County Chamber of Commerce to promote tourism, workforce development and education, and retail and commercial development that promotes economic development in the area. The funds disbursed pursuant to this subdivision shall be disbursed in two payments of twenty thousand dollars ($20,000).

(8) An annual accounting of the use of the funds appropriated in subdivisions (2), (3), (4), (5), (6), and (7) shall be furnished to the Jackson County Commission no later than September 30 of each year. In the event an annual accounting is not furnished, the commission may reduce or terminate funding for the next fiscal year for the entity failing to furnish the report by a majority vote of the commission. All resulting excess money shall then be transferred to the general fund of the county.

(9) Commencing October 1, 2016, the net payments remaining in the appropriation paid to Jackson County after the appropriations in subdivisions (1), (2), (3), (4), (5), (6), and (7) shall be appropriated as follows:

a. Two percent of such payments, as shall be necessary, shall be used to establish, equip, and maintain a legislative office for the members of the state legislative delegation serving Jackson County, Alabama, and any unused portion shall be paid to the Jackson County Commission’s general fund.

b. Two percent of such payments shall be appropriated to Jackson County EDA under this section.

c. Thirty-six percent of such payments shall be appropriated to the public school systems within Jackson County on a per pupil pro rata basis.

d. Twenty-nine and fifty hundredths percent of such payments shall be appropriated to the incorporated municipalities within the county on a population basis.

e. Thirty and fifty hundredths percent of such payments shall be placed in the general fund of the county treasury and may be used for any lawful purpose by the county.

(b) The remaining monies in the Jackson County Legislative Delegation Critical Needs Fund, on March 20, 2018, shall be redistributed as follows:

(1) Three hundred ninety-three thousand, three hundred fifty-three dollars and forty-three cents ($393,353.43) to the Jackson County Economic Development Authority to promote the growth of Jackson County.

(2) Three hundred sixty thousand dollars ($360,000) to be divided equally among the Jackson County and Scottsboro City Schools for providing computers and technology in the classrooms.

(3) Thirty thousand dollars ($30,000) to Impact Learning to house the Career Center of the Jackson County Employment Agency.

(4) Thirty thousand dollars ($30,000) to Roseberry Rescue, a 501(c)(3) nonprofit organization, to preserve the environment of the Roseberry Creek.

(5) Twenty-five thousand dollars ($25,000) to be divided equally among the five libraries in the county.

(6) Twenty-four thousand dollars ($24,000) to be divided equally among the community feeding centers for the homeless or impoverished in the county.

(7) Twenty-seven thousand dollars ($27,000) to be divided equally among the community centers in the county to provide a place for senior citizens.

(8) Fifteen thousand dollars ($15,000) to the Jackson County Conservation District to promote educational programs related to conservation and agriculture.

(9) Ten thousand dollars ($10,000) to the Earnest Pruett Center of Technology to provide technology for workforce development and skills training.

(10) Ten thousand dollars ($10,000) to the Jackson County Council on Aging for assisting senior citizens.

(11) Ten thousand dollars ($10,000) to the Arc of Jackson County.

(12) Ten thousand dollars ($10,000) to the Boys and Girls Club of Scottsboro for continuing education of youth.

(13) Five thousand dollars ($5,000) to the Michael Scott Learning Center.

(14) Five thousand dollars ($5,000) to the Care Assurance System for the Aging and Homebound of Jackson County.

(15) One hundred thousand dollars ($100,000) to the Jackson County Senior Rx Program.

(16) After the above distributions in this subsection are made, any monies remaining in the fund shall be transferred into the operating account of the Jackson County Legislative Delegation Office, and the Jackson County Legislative Delegation Critical Needs Fund shall thereafter be closed.
Ala. Code § 45-3-120.07 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-120.07
Section 45-3-120.07 Personnel Board - Membership; Eligibility Term Clerical and Administrative Support; Meetings
Status: in_force

(a) There is created the Barbour County Personnel Board. The personnel board shall be composed of five persons. The board members shall be registered voters and residents of the county. No member of the board, while a member of the board or for a period of one year after he or she ceases to be a member, may be eligible for appointment to, or election to, any county elective office. Two members shall be appointed to the board by a consensus of the county commission. Two members shall be elected to the board by vote of the classified employees of the county in an election conducted pursuant to election procedures and regulations promulgated and administered by the judge of probate of the county. The election procedures and regulations shall provide for nominations and balloting. One member shall be appointed by agreement of the appointed members and the elected members. The county employees shall vote for two personnel board members from a list of persons recommended by the county classified employees. Each eligible employee shall be given the opportunity to vote for two persons to serve as the employee representatives on the personnel board. The individuals receiving the greatest number of votes shall be the employee personnel board members.

(b) No person who holds an elected county office, or who is a candidate for an elected county office, or receives a salary from the county shall serve on the board. The term of a board member shall be terminated if he or she is no longer eligible for membership on the board. When a board seat is vacated, the group which initially appointed or elected a board member shall, in like manner, appoint or elect another board member, as soon as possible. The replacement member shall serve the remainder of the unexpired term.

(c) Each member of the board shall serve a three-year term with the exception of the initial members of the board. The initial members shall draw lots to determine the two members who shall serve for three years, the two members who shall serve for two years, and the member who shall serve for one year. Members may be reappointed or reelected so as to serve a total of no more than two complete terms.

(d) The county commission may provide all necessary clerical and administrative support for the board. The commission may employ an individual or designate an existing employee to provide the support.

(e) The board shall meet as often as necessary to conduct the business of the board. Each year, after advertisement in each newspaper published in Barbour County for three consecutive weeks, the members of the board shall select a member to serve as chairperson for 12 months. This meeting shall be an open and public meeting. The board members may be compensated for their services as provided, from time to time, by the county commission. Three members of the board shall constitute a quorum for the transaction of business.
Ala. Code § 45-45-83.77 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-83.77
Section 45-45-83.77 Civil Judgements
Status: in_force

In addition to this subpart, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges shall be considered a civil judgment which can be recorded and enforced in the manner provided by law.
Ala. Code § 45-44-244.04 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-244.04
Section 45-44-244.04 Filing of Returns
Status: in_force

When a return in form and substance satisfactory to the county director of revenue is not filed by an employer and the license fees are not paid to the county by such employer, the employee for whom no return has been filed and no payment has been made shall file a return with the county director of revenue on or before January 31 of each year showing in the return the gross receipts subject to license fees during the preceding calendar year. If for any reason all license fees of a person subject to the resolution or ordinance were not withheld by his or her employer from his or her compensation, such person shall file the return required by the county director of revenue and shall pay, at the time of the filing thereof, to the county the amount of license fees due under the ordinance or resolution.
Ala. Code § 45-26-246.23 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-246.23
Section 45-26-246.23 Application of State Statutes
Status: in_force

(a) All of the following apply to the levied tax:

(1) All provisions of the state lodging tax statutes with respect to payment, assessment, and collection of the state lodging tax.

(2) Making of reports and keeping and preserving records, interest after due date of tax, or otherwise.

(3) The adoption of rules with respect to the state lodging tax.

(4) The administration and enforcement of the state lodging tax statutes, which are not inconsistent with this subpart when applied to the levied tax.

(b) The county shall have and exercise the same powers, duties, and obligations with respect to the district taxes levied as imposed on the Commissioner of the Department of Revenue and the department, respectively, by the state lodging tax statutes. All provisions of the state lodging tax statutes that are made applicable to this subpart, to the taxes levied, and to the administration of this subpart are incorporated herein by reference and made a part as if fully set forth.
Ala. Code § 45-38-141.05 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-141.05
Section 45-38-141.05 Powers of Authority; Rates and Charges
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 specified in its certificate of incorporation.

(2) To sue and be sued in its own name in civil actions, except as otherwise provided in this part, and to defend civil actions against it.

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

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

(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property of every description, real, personal, or mixed, whether located in one or more counties and whether located within or outside the service area.

(6) 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 under this section.

(7) To plan, establish, develop, acquire, purchase, lease, construct, reconstruct, enlarge, improve, maintain, equip, and operate water systems, fire protection facilities, or any part or combination of any thereof, whether located in one or more counties and whether located within or outside the service area, and to acquire real and personal property, franchises, and easements deemed necessary or desirable in connection therewith.

(8) To distribute and sell water, either at retail or for resale, within the service area or in any part thereof upon such reasonable terms and for such reasonable rates and consideration as the board may prescribe.

(9) To assume obligations secured by a lien on or payable out of or secured by a pledge of the revenues from any water system and fire protection facility or part of any thereof that may be acquired by the authority, any obligation so assumed to be payable by the authority out of the revenues derived from the operation of any water system and fire protection facility of the authority or out of the revenue from tax sources or fees earmarked and payable to such authority by law.

(10) To pledge for payment of any bonds or obligations assumed by the authority any revenues from which those bonds or obligations are made payable as provided in this part.

(11) To execute and deliver mortgages and deeds of trust and trust indentures or either.

(12) To exercise the power of eminent domain in the manner provided in and subject to Title 18. This subsection shall not be deemed to authorize the authority to acquire, without the consent of the owner or owners thereof, any water supply system or water distribution system from which water service is at the time being furnished or any property that is at the time being used in the furnishing of fire protection service. Nothing in this subsection or anywhere else in this part shall be deemed to authorize the authority to acquire, without the consent of the owner or owners thereof, any portion of any hydroelectric project licensed by the Federal Energy Regulatory Commission or any predecessor or successor agency or to withdraw any water from such project.

(13) 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, and fiscal advisors, as the business of the authority may require and at its option to provide a system of disability pay, retirement compensation, and pensions or any of them without regard to Sections 41–16–50 to 41–16–63, inclusive, that might otherwise be applicable.

(14) To make and enforce reasonable rules and regulations governing the use of any water system or fire protection facility owned or controlled by the authority.

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

(16) To invest any funds of the authority that the board may determine are not presently needed in the operation of its properties in bonds of the United States of America, bonds of the state, bonds of any county or municipality, and interest-bearing bank deposits, or any thereof.

(17) To cooperate with the United States of America, any agency or instrumentality thereof, the state, any county, municipality, or other political subdivision of the state and any public corporation organized under the laws of the state and to make such contracts with them or any of them as the board may deem advisable to accomplish the purposes for which the authority was established.

(18) To sell and convey any of its properties that may have become obsolete or worn out or that may no longer be needed or useful as a part of any water system or fire protection facility of the authority.

(19) To sell and convey, with or without valuable consideration, any of its water systems or fire protection facilities or any portion of any of the systems and facilities to any one or more counties, municipalities, or public corporations organized under the laws of the state which have the corporate power to operate the system and facilities or portions thereof so conveyed and the property and income of which are not subject to taxation; and only if any such conveyance would not constitute a breach of any then outstanding mortgage and deed of trust, trust indenture, or other agreement to which the authority is a party.

(20) To enter into a management agreement or agreements with any person for the management by the authority of any water system or fire protection facility or any thereof upon such terms and conditions as may be mutually agreeable.

(21) To fix and revise from time to time reasonable rates, fees, and other charges for water service and fire protection service or any thereof furnished or to be furnished by any water system or fire protection facility or portion of any thereof owned or operated by the authority and to collect all charges made by it.

(22) To cooperate and work with existing water systems and county, city, and councils of local government on this public water authority project.

(23) To use funds available to assist in applying for any available state, federal, or private grants.

(b) The bylaws of the Lamar County Water Coordinating and Fire Prevention Authority shall include, without limitation, the foregoing statements of powers, purposes, and authority in such document. However, the inclusion of engagement of the water authority in fire protection facilities or fire protection services, or both and to what degree, shall be at the discretion of the board of directors of the authority. The bylaws, as well as the certificate of incorporation, may be amended at any time and from time to time.

(c) Nothing in this section shall be construed to permit an authority to acquire, receive, take, hold, establish, develop, construct, reconstruct, enlarge, improve, maintain, equip, or operate any property or water system and fire protection facility or any part or combination of any thereof located outside the service area, except as an incident to the rendering of water service and fire protection service or any thereof inside the service area.

(d) Any schedule or schedules of rates and other charges adopted by the board may do any or all of the following:

(1) Provide for the rendition by the authority to customers served by it of combined statements or bills for service furnished from its water systems and fire protection facilities or any one or more of any thereof.

(2) Permit the authority to decline to accept payment of charges for service from any of its systems and facilities, without payment of charges for service at the same premises from any one or more of its other systems and facilities.

(3) Provide for a discontinuance of service from any or all of its systems and facilities at any premises with respect to which there is a delinquency in the payment of charges for service from any system or facility of the authority.

(4) Provide for the payment of connection fees, disconnection fees, and reconnection fees by the customers.

(5) Require, as a prerequisite to the rendition of any service, the making of a deposit as security for payment of bills, on which deposit the authority shall not be obligated to pay or allow interest.

(e) The authority organized under this part for the purpose of constructing and operating a water system shall have all of the powers and authority set forth in this section, either separately or in combination with any other system, service, or facility referred to in this section.
Ala. Code § 45-51-82.29 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-82.29
Section 45-51-82.29 Rights of District Attorney
Status: in_force

In conducting such a program, the district attorney for the circuit shall have the right to:

(1) Insist at any point upon the reinitiation of criminal proceedings, when, in his or her judgment, such action would be desirable.

(2) The services of available probation workers within the county comprising the circuit for investigation reports for the purposes of determining eligibility of persons for participation in the pretrial probation.
Ala. Code § 45-8A-20.14 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.14
Section 45-8A-20.14 Liability of City
Status: in_force

The city shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority, and none of the bonds of the authority or any of its agreements or obligations shall be construed to constitute an indebtedness of the city within the meaning of any constitutional or statutory provision whatsoever.
Ala. Code § 45-33-243.04 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-243.04
Section 45-33-243.04 Collection of Taxes; Enforcement
Status: in_force

The tax authorized to be imposed by this part shall constitute a debt due Hale County and may be collected by civil suit, in addition to all other methods provided by law. The tax, together with interest thereon, shall constitute and be secured by a lien upon the property of any person from whom the tax is due. All provisions of the revenue law of this state which apply to the enforcement of liens for taxes due the state shall apply fully to the collection of the county tax levied herein, and the State Department of Revenue for the use and benefit of Hale County shall collect such taxes and enforce this part and shall have and exercise for such collection and enforcement all rights and remedies that this state or department has for collection of the state stone severance tax. The State Department of Revenue shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the tax levied by this part, and to otherwise enforce this part, including any litigation involving this part; and the Department of Revenue shall pay such special counsel’s fee, as it deems necessary and proper from the proceeds of the taxes collected by it for Hale County.
Ala. Code § 45-56-242.51 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-242.51
Section 45-56-242.51 Proceeds of Tax Used for Construction, Operation, and Maintenance of New County Jail
Status: in_force

(a) In addition to all other taxes authorized by law, the Randolph County Commission may levy a one-half cent sales tax.

(b) The proceeds of the tax shall be used for the construction, operation, and maintenance of a new county jail. The tax shall terminate when the debt for the construction of the jail is paid in full.

(c) Sales that are presently exempt under the state sales and use tax statutes are exempt from the tax authorized by this subpart.
Ala. Code § 45-5-120 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-120
Section 45-5-120 Merit System; Board; Violations
Status: in_force

(a) This section shall apply only in Blount County, Alabama.

(b) As used in this section, unless the context clearly requires a different meaning:

(1) “County” means Blount County;

(2) “Municipality” means any municipality in Blount County;

(3) “Employee” means any person, including law enforcement officers, not excepted by subsection (c), who is employed in the service of Blount County or any municipality of Blount County or any board, agency, or instrumentality thereof;

(4) “Merit employee” means any such employee who shall have completed one year of probationary employment;

(5) “Board” means the merit system board created by this section;

(6) “Appointment authority” means in the case of employees in the offices of the elected officials of the county or of a municipality, such elected officials, and means, in the case of all other county or municipal employees, the county or municipal governing body, or the board or other agency supervising their work.

(c) The provisions of this section shall apply to all officials and employees in the service of the county or any board, agency, or instrumentality thereof except: (1) persons holding elective offices; (2) members of appointive boards, commissions, and committees; (3) all employees of the county board of education in a teaching or administrative position; (4) independent contractors; and (5) any person whose employment is subject to the approval of the United States government or any agency thereof; (6) the chief deputy sheriff and chief clerk in the sheriff’s department; and (7) the chief of police of any municipality.

(d) All employees to whom the provisions of this section apply shall be governed by merit system rules and regulations prescribed in or promulgated pursuant to this section, administered by the merit system board, the creation of which is provided for in subsection (e). Present employees shall remain in their respective employments during good behavior; but nothing herein shall be construed to prevent or preclude the removal of such an employee for cause in the manner hereinafter provided; and such employees shall be subject fully to this section.

(e)(1) There is hereby created the Merit System Board of Blount County, Alabama, which shall become effective within 60 days of its passage by the majority vote of the people of Blount County and shall be composed of five members;

a. One member shall be appointed by the Blount County Commission and one member by the municipalities of the county.

b. One member shall be appointed by Blount County Lodge No. 28 of the Fraternal Order of Police, and one member by all other county employees.

c. One member shall be appointed jointly by paragraph a. and b.

(2) Original appointees shall serve for terms of one, two, and four years, assignment of terms to be determined by drawing lots. Thereafter, all appointees shall serve for a period of four years. No person shall be appointed to the board unless he or she is a resident and qualified elector of Blount County and over the age of 21 years.

(3) Members of the board shall take the constitutional oath of office, which shall be filed in the office of the probate judge. Vacancies on the board shall be filled for the unexpired term of the vacant position in the same manner as original appointments. The members of the board shall elect a chairman and secretary from among their members. Any member of the board who becomes a candidate for, or is elected or appointed to another public office of profit must vacate his or her office as a member of the board. All board members cannot be an elected official, appointed employee, or employee of the municipal or county government.

(f) Each member of the board shall serve without compensation.

(g) The board shall fix the times for its regular meetings; and it may hold special, adjourned, or called meetings at any time. A majority of the members of the board shall constitute a quorum for the transaction of business. All meetings of the board shall be held in the Blount County Courthouse. The board may prescribe rules governing its procedure provided such rules are not inconsistent with this section.

(h) The county governing body shall provide the board with secretarial help when needed during meetings and shall assign an area from time to time for the meetings. Also, material needed for meetings and storage space and/or filing cabinets. The compensation and all expenses of the board arising under the provisions hereof shall be paid from the funds of the county on the order of the board in the same manner as other expenses are paid.

(i) The board shall keep minutes of its meetings and a record of all business transacted by it. Its records, except those which the rules of the board require to be held confidential for reasons of public policy, shall be open for inspection by any resident of the county at all reasonable times.

(j) All appointments, other than temporary appointments, shall be probationary for one year from the date of appointment. A probationary employee may be discharged by the sheriff or a governmental entity at their pleasure at any time before the expiration of one year from his or her appointment. After he or she shall have served for one year in the position to which he or she was appointed or employed, such employee shall become a merit employee.

(k) The appointing authority shall have authority to suspend without pay a merit employee for any personal misconduct, or fact, affecting or concerning his or her fitness or ability to perform his or her duties in the public interest. In the event a merit employee is suspended without pay for more than 30 days in any one year, he or she shall be entitled to a public hearing by the board upon written demand filed within five days from the date of the order of suspension. If, after hearing, the board determines that the action of the appointing authority was not with good cause, the suspension shall be revoked.

(l)(1) The governing body of the county or a municipality, any member of such a governing body, or the head of any department or office can remove, discharge, or demote any merit employee who is directly under such governing body, member thereof, or department head, provided that within five days a report in writing of such action is made to the board, giving the reason for such removal, discharge, or demotion. The employee shall have 10 days from the time of notification of his or her removal, discharge, or demotion in which to appeal to the board. If such appeal is filed, the board shall thereupon order the charges or complaint to be filed forthwith in writing, if not already filed, and shall hold a hearing de novo on such charges. No merit employee shall be removed, discharged, or demoted except for some personal misconduct, or fact, rendering his or her further tenure harmful to the public interest, or for some cause affecting or concerning his or her fitness or ability; and if such removal, discharge or demotion is appealed to the board, then the same will become final only upon affirmation by the board after a hearing upon written charges or complaint has been had and after an opportunity has been given such employee to face his or her accusers and be heard in his or her own defense. Pending a hearing on the appeal, the affected employee may be suspended; and after such hearing the board may order the employee reinstated, demoted, removed, discharged, or suspended, or take such other disciplinary action as in their judgment is warranted by the evidence and under the law. In all cases, the decision of the board shall be reduced to writing and entered in the record of the case and shall include the board’s finding of facts upon which its decision is based.

The board shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with any hearing, investigation, or proceeding within the purview of this section. The sheriff or some other law enforcement officer of the county shall serve all processes of the board. In case a person refuses to obey such subpoena, the board may invoke the aid of the Circuit Court of Blount County, Alabama, in order that the testimony or evidence be produced. Upon proper showing, such court shall issue a subpoena or order requiring the person to appear before the board and produce all evidence and give all testimony relating to the matter in issue. A person who fails to obey such subpoena or order may be punished by the court as for contempt. The fees of witnesses for attendance and travel shall be the same as fees for witnesses in the Circuit Court of Blount County, Alabama, which fees shall be paid from the treasury of the county in a case involving an employee of the sheriff’s department or from the treasury of the city, municipality, or town in a case involving an employee of the city, municipality, or town police department.

(2) In all proceedings before the board, the county attorney of Blount County or the attorney for the appointing authority that is removing, discharging, demoting, or firing the employee shall appear before the board and prosecute all charges instituted by the sheriff or the governmental entity when requested or directed to do so and give any legal advise and legal assistance to the board as may be requested of it.

(3) Any person aggrieved by a decision of the board may appeal such decision to the Circuit Court of Blount County within 30 days from the rendition of such decision by the board. Review by the circuit court shall be without a jury and be confined to the record, and a determination of the questions of law presented; the board’s findings of fact shall be final and conclusive.

(m) No employee shall make, solicit, or receive any assessment, donation, subscription, or contribution for any political purpose whatsoever, or be a member of a committee or an officer of a political party, or take any part in its management or affairs except to exercise his or her right as a citizen to express his or her opinion and cast his or her vote; no employee shall assist any candidate for nomination or election to public office, or make any public statement in support of or against any such candidate, or participate in general or primary election; and no employee shall receive any appointment or advancement as a reward for his or her support of a candidate for office or a political party; nor shall he or she be dismissed, suspended, or reduced in rank or pay as punishment for his or her failure to support any candidate for political office.

(n) Any merit employee who willfully violates any of the provisions of this section, or any rule or regulation issued in pursuance hereof, shall be dismissed from service under the system and shall not be appointed or re-employed for two years.

(o) All employees to which this section applies must be covered by the merit system by May 1, 1979.
Ala. Code § 45-39-40.22 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-40.22
Section 45-39-40.22 Board Meetings
Status: in_force

The board shall meet at such times and places as the members shall agree upon. The majority of the members of the board shall constitute a quorum for the transaction of business. The board shall prescribe rules for its government and have a seal with which to authenticate its acts.
Ala. Code § 45-33-235.30 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-235.30
Section 45-33-235.30 Purchasing Procedures Using Credit Card or Debit Card
Status: in_force

(a) For purposes of this section, the following terms have the following meanings:

(1) CREDIT CARD. A line of credit issued by a domestic lender or credit card bank.

(2) DEBIT CARD. A card issued by a bank in relation to a checking or savings account held by the Hale County Sheriff’s Office.

(b) To provide for convenience in making purchases of tangible personal property or services approved by the sheriff, the Sheriff of Hale County may establish procedures to make certain purchases through the use of a credit card or debit card issued to the Hale County Sheriff’s Office.

(c) The sheriff may adopt written policy and procedures governing the utilization of a credit card or debit card, which, at a minimum shall include each of the following:

(1) A monetary limit on the amount of any individual purchase which may be made with a credit card or debit card.

(2) A monetary limit on the total monthly amount that may be purchased with a credit card or debit card taking into consideration the monetary limit of the discretionary fund used.

(3) Procedures to ensure that the sheriff, or his or her designee, has sole access to any credit card or debit card, credit card or debit card numbers, access codes, or security codes.

(4) Procedures to keep accurate records of all purchases made with a credit card or debit card which shall be periodically reviewed during required audits.

(5) Procedures to ensure that all credit card or debit card bills are carefully reviewed by the sheriff each month to make sure that no unauthorized charges appear on the bill.

(6) Procedures to ensure that all credit card or debit card bills are paid in full on a timely basis each month to avoid service charges, late fees, or interest payments.

(d) The sheriff shall select a credit card or debit card provider or providers taking into consideration each of the following:

(1) Whether the credit card or debit card issuer requires an annual fee for utilizing the card.

(2) Whether the credit card or debit card issuer offers rewards or rebates based upon purchases made utilizing the account.

(3) The interest rates, service charges, finance charges, or late fees that will be assessed in the event a bill from the credit card or debit card issuer is paid late or the balance is not paid in full.

(4) Whether penalties or fees will be assessed against the sheriff if he or she decides to terminate the credit card or debit card.

(5) Any other consideration deemed relevant by the sheriff.

(e) If a credit card or debit card provides rewards or rebates based upon the use of the card, any rewards or rebates earned from the card or cards shall be deposited in the discretionary account of the Hale County Sheriff’s Office.
Ala. Code § 45-52A-35.08 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-35.08
Section 45-52A-35.08 Municipal Utilities Board - Authority and Duties. (Amended by Act 2026-242)
Status: in_force

AMENDED BY ACT 2026-242, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The board shall have complete control of each of the public utilities owned by the City of Decatur including, without limitation, the electric, gas, water, and wastewater services and facilities of the City of Decatur, and shall manage and operate each such municipally owned utility. It shall have the authority to organize the utilities under its control in such manner as it shall deem advisable including, without limitation, authority to consolidate all financial operations of the utilities under its control so long as the books of the operations are kept in such manner as to allocate to the respective utilities the income and expenditures applicable to them; authority to consolidate all operations under one general manager; authority to consolidate the operations of any of the utilities under its control under one operation manager or under a separate manager or managers; and authority to create any departments within the organization which it shall deem to be in the best interest of the utilities, such as an administration department, a personnel department and other departments which appear to the board to be desirable.

(b) The board shall have authority to employ, upon terms to be fixed by the board, and to discharge, a general manager and such other managers and employees which may be needed in the operations under the control of the board.

(c) The board shall have authority to delegate to any general or departmental manager it may employ, the authority to employ and discharge other employees which may be needed; to direct their work and to manage, control, and operate the public utility or utilities of the City of Decatur of which he or she is the manager, and to account to the board for his or her acts in so doing, but his or her authority shall be restricted as the authority of the board is restricted in this part.

(d) The board may adopt such fiscal year or years for the operations under its control as it may from time to time determine.

(e) The board shall have the power and authority and it shall be its duty to charge for and collect all accounts due for any service which any of the utilities under its control may furnish to its customers, upon rates to be provided and approved by the governing body of the City of Decatur. Subject to the limitation contained in Section 45-52A-35.14, the board shall have the authority to enter into, on behalf of the City of Decatur, all contracts and agreements which are necessary or desirable in the performance of its duties under this part. Such contracts may be executed, on behalf of the City of Decatur, by such officer or employee of the board as may be designated by the board. Contracts for purchase of utility services at wholesale may not be executed by or on behalf of the board without the consent and approval of the governing body of the city. Contracts for sale of utility services which may bind the city for more than 10 years may not be executed by or on behalf of the board without the consent and approval of the governing body of the city. The board shall have the right to collect and receive all income from the operation of the utilities under its control and to expend the same in the operation of the same. Suits for the collection of accounts due for service which any utility may furnish to its customers or for enforcement of agreements made on behalf of the city by the board or for the enforcement of other rights of such utilities shall be conducted by the board, at the expense of the respective utilities, in the name of the City of Decatur.

(f) The board shall comply with all provisions of contracts made by the City of Decatur for the purchase of electricity, gas, or other utility services at wholesale and with the provisions of all bond ordinances adopted by the governing body of the City of Decatur pertaining to the municipally owned utilities of the city and shall distribute and account for funds received from the sale of utility services as required by any such contracts or bond ordinances.

(g) Each member of the board and each general manager appointed by the board, and each departmental manager appointed by the general manager, now or hereafter serving as such, shall be indemnified by the board against any and all claims and liabilities to which he or she has or shall become subject by reason of serving or having served as such or by reason of any action alleged to have been taken, omitted, or neglected by him or her as such board member or manager; and the board shall reimburse each such person for all legal expenses reasonably incurred by him or her in connection with any such claim or liability, provided, however, that no such person shall be indemnified against, or be reimbursed for, any expense incurred in connection with any claim or liability arising out of his or her own willful misconduct or gross negligence. The amount paid to any board member or manager by way of indemnification shall not exceed his or her actual, reasonable, and necessary expenses incurred in connection with the matter involved. The right of indemnification herein provided for shall not be exclusive of any rights to which any board member or manager of the Municipal Utilities Board of Decatur may otherwise be entitled by law. The board is authorized to purchase suitable insurance coverage for such indemnity.

(h) The board shall operate all municipally owned utilities economically and shall account for and pay over any net revenues realized from such operations to the City of Decatur at such time or times and in such manner as may be determined by the governing body of the City of Decatur.
Ala. Code § 45-47-81 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-81
Section 45-47-81 Compensation - Judge of Probate
Status: in_force

Effective with the term of office beginning in January, 2019, the Judge of Probate of Marion County shall be compensated on a salary basis paid in equal monthly installments from the general fund of the county. The annual salary of the judge of probate shall be equal to 71 percent of the annual compensation, based upon years of service, as shall from time to time be paid by the state to the Marion County District Judge pursuant to law, along with retirement benefits and insurance benefits as a Marion County official.
Ala. Code § 45-49A-63.83 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.83
Section 45-49A-63.83 Distribution Limitation
Status: in_force

Notwithstanding any other provision of this subpart, all distributions from this plan shall conform to the regulations issued under Section 401(a)(9) of the code, including the incidental death benefit provisions of Section 401(a)(9)(G) of the code. Further, such regulations shall override any plan provision that is inconsistent with Section 401(a)(9) of the code. The life expectancies of members and their spouses shall not be recalculated.
Ala. Code § 45-31-231.20 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-231.20
Section 45-31-231.20 Definitions
Status: in_force

For the purposes of this subpart, the following words shall have the following meanings:

(1) BOARD. The Geneva County Rehabilitation Board, which shall be composed of the sheriff, the district attorney, the senior circuit judge, the senior district judge, and a fifth person to be selected by the Geneva County Commission.

(2) INMATE. A person convicted of a crime and sentenced to the county jail is a county inmate. The term does not include a state inmate held in a county jail.
Ala. Code § 45-2-232.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-232.01
Section 45-2-232.01 Law Enforcement Fund
Status: in_force

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

(b) The sheriff shall keep an account of all jail store sales and telephone usage and transactions of the Law Enforcement Fund for annual audit by the Department of Examiners of Public Accounts, which shall be audited at the same time other accounts of the sheriff are audited. The Department of Examiners of Public Accounts shall submit a copy of the audit to the sheriff within 30 days of its completion.
Ala. Code § 45-9-81 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-81
Section 45-9-81 Additional Costs and Fees; Disposition of Funds; Judicial Administration Fund
Status: in_force

(a) In Chambers County, in addition to all other fees, there shall be taxed as costs the sum of twenty dollars ($20) in each criminal case, quasi-criminal case, proceedings on a forfeited bail bond or proceedings on a forfeited bond given in connection with an appeal from a judgment or conviction in any inferior or municipal court of the county, in the Circuit Court of Chambers County, or the District Court of Chambers County, hereinafter filed in or arising in the Circuit Court of Chambers County, or the District Court of Chambers County, or brought by appeal, certiorari, or otherwise to the Circuit Court of Chambers County, or the District Court of Chambers County, which costs shall be collected as other costs in such cases are collected by the clerk, or ex officio clerk, of the courts or the register of the Circuit Court of Chambers County as the case may be. Such fees, when collected by the clerks or other collection officers of such court, shall be paid into the general fund of the county.

(b)(1) In addition to all other costs and charges in circuit and district court cases in Chambers County, a fee of three dollars ($3) shall be charged and collected by the clerk of the court. This charge shall not be collected on small claims cases. When collected by the clerk of the court, two dollars ($2) shall be remitted monthly to the Juvenile Court Services Fund and one dollar ($1) shall be remitted monthly to the Judicial Administration Fund.

(2) A monthly supervision fee may be assessed in juvenile court cases at the discretion of the juvenile court judges. The supervision fee shall be collected by the juvenile court office and deposited in the Juvenile Court Services Fund.

(3) There is established a Juvenile Court Services Fund for the deposit of proceeds from two thirds of the court costs imposed by subdivision (1). The fund shall be maintained in an interest bearing account in a bank of known responsibility under the supervision of the juvenile court judges of Chambers County.

(4) The funds appropriated from this fund shall be expended solely for juvenile programs and for subsistence for the juvenile court staff in the county; to aid the functions of the juvenile court; and for the benefit of the children of Chambers County. The funds expended shall be authorized by the juvenile court judges of Chambers County.

(5) There is established a Judicial Administration Fund for the deposit of the proceeds from one third of the court costs imposed by subdivision (1). The fund shall be maintained in an interest bearing account in a bank of known responsibility by the presiding circuit judge for the Fifth Judicial Circuit.

(6) The funds appropriated from the Judicial Administration Fund shall be expected for increasing the efficiency of judicial administration in Chambers County, to include, but not limited to, training an education enhancement of judicial personnel in Chambers County. The funds expended shall be authorized by the presiding circuit court judge of the Fifth Judicial Circuit.

(c)(1) In addition to any court costs and fees now or hereafter authorized in Chambers County, the Chambers County Commission may impose by resolution of the commission an additional fee in an amount not to exceed fifty dollars ($50) to be assessed and taxed as costs on each civil case and on each criminal case, including traffic cases filed in the circuit court, district court, or any municipal court in Chambers County. These fees shall not be waived by any court unless all other fees, assessments, costs, fines, and charges associated with the case are waived.

(2) The additional fees when collected by the clerk of the court or his or her collection officers of the courts shall be paid into the general fund of Chambers County to be used by the Chambers County Commission for financing, planning, constructing, furnishing, equipping, maintaining, and operating the Chambers County Courthouse and its annexes. The Chambers County Commission may set and adjust by resolution the fees within the limits authorized by this subsection based on the needs associated with financing, planning, constructing, furnishing, equipping, maintaining, and operating the Chambers County Courthouse and its annexes.

(3) The fees collected pursuant to this subsection shall be distributed as follows:

a. Except as provided in paragraph b., the fees shall be applied exclusively for payment of the cost of financing, planning, constructing, furnishing, maintaining, and equipping the county courthouse and its annexes, or for the payment of the principal of and interest on any bonds, warrants, or other obligations issued by or on behalf of the county to finance the costs of the expansion and renovation, as well as the expenses of issuance of any bonds, warrants, or other obligations. The principle costs associated with financing, planning, constructing, furnishing, maintaining, and equipping the county courthouse and its annexes shall not exceed three million five hundred thousand dollars ($3,500,000).

b. In addition to the distribution set out in paragraph a., the county commission shall create a separate sinking fund for operation and maintenance of the courthouse and its annexes. The amount deposited into the fund may not exceed twenty-five thousand dollars ($25,000) per year.
Ala. Code § 45-37A-160.03 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-160.03
Section 45-37A-160.03 Applicants for Admittance
Status: in_force

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

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

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

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

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

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

(b) A person may not be admitted to the program if the person holds a commercial driver license issued in any state, possession, territory, or insular area of the United States.
Ala. Code § 45-36-243.11 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-243.11
Section 45-36-243.11 Special Fund
Status: in_force

The proceeds of any tax imposed under authority of this part shall be paid into a special fund in the county treasury for use as provided in Section 45-36-243.12
Ala. Code § 45-24A-32.11 — Alabama Code / Title 45 / Chapter 24A / Section 45-24A-32.11
Section 45-24A-32.11 Placement of Traffic-Control Devices and Timing of Lights
Status: in_force

The placement of traffic-control devices and timing of yellow lights and red light clearance intervals, adopted by the city, shall conform to the most recent edition of the Traffic Engineering Handbook. It shall be presumed that the city is in compliance with this section unless the contrary is shown by a preponderance of the evidence.
Ala. Code § 45-8-231 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-231
Section 45-8-231 Abandoned and Stolen Personal Property; Abandoned and Stolen Firearms
Status: in_force

(a)(1) The sheriff shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s department. These records shall state the description of the property, the date of recovery of the property, the serial or other identifying number of the property, and the place of recovery of the property. The records shall be open to public inspection at all reasonable times.

(2) All abandoned or stolen property recovered by the sheriff’s department shall be stored in a suitable place to protect the property from deterioration.

(b) If the abandoned and stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are not successful, the property may be sold at once without notice. The sheriff shall attempt to obtain the best possible price for the property. The proceeds of such a sale shall be held in a separate account for a period of six months for the owner. During this period, the proceeds will be paid to the owner upon demand, less any cost of recovery, storage, maintenance, and sale. If the proceeds are not claimed within six months, after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of the property, the net funds shall be paid to the office of the Sheriff of Calhoun County.

(c)(1) The sheriff shall keep and maintain a separate permanent record of all abandoned and stolen firearms, not subject to disposition by general law. The records shall state the description of the firearm, the date of recovery of the firearm, the serial or other identifying number, if any, of the firearm, and the place of recovery of the firearm. Firearm as used in this section shall have the same meaning as defined in Section 13A-8-1.

(2) Unless otherwise provided by law, the sheriff may sell or destroy these firearms if the owner of the firearm does not claim the firearm within 12 months of the date the sheriff obtained it.

(3) The sheriff may sell the firearms only to gun dealers who have held an active business license from Calhoun County for at least one year immediately prior to the date of the sale. The sheriff shall establish a procedure to notify gun dealers of a sale. A firearm shall be sold to the gun dealer submitting the highest sealed bid. All sales shall be on a cash basis. The proceeds of the sale, after deducting and paying all expenses incurred in the recovery, maintenance, and sale of the firearms shall be paid to the office of the Sheriff of Calhoun County.

(4) The sheriff may establish a procedure to destroy firearms and may expend necessary sheriff department funds for that purpose.

(d)(1) At least every six months, the sheriff shall sell at public auction to the highest bidder for cash all abandoned or stolen personal property, other than firearms, which has been recovered by the sheriff’s department and has remained unclaimed by the rightful owner during the preceding six-month period.

(2) Prior to the sale, notice shall be given by publication in a newspaper of general circulation in Calhoun County once a week for two successive weeks or by posting a notice in a conspicuous place at the Calhoun County Courthouse for a period of at least 20 days. The notice shall contain the place, date, and time of each auction and a description of each item of personal property to be sold at the auction. If publication of notice is made in the newspaper, the first notice shall run at least 20 days prior to the auction.

(e) The owner of any abandoned or stolen personal property recovered by the Calhoun County Sheriff’s Department, including firearms, may claim the property at any time prior to its sale by submitting sufficient proof of ownership as determined by the sheriff and by paying any reasonable expenses incurred in the recovery of the property, its maintenance, storage, and a pro rata share of the costs, if any, of publication of notice of the sale of the property.

(f) If property is sold at public auction, as provided in this section, a notation in the storage record book shall be made of the sale and of the amount received for the property. The person making the sale may reject any and all bids if the amount bid is unreasonably low and may continue the sale, from time to time, if no bidders are present.

(g) The proceeds from the sale of property at an auction conducted under the authority of this section after deducting and paying all expenses incurred in the recovery, storage, maintenance, and sale of property, shall be paid to the office of the Sheriff of Calhoun County.

(h) The Sheriff of Calhoun County shall provide to the Chairman of the Calhoun County Commission on June 30th of each calendar year an itemization of all items sold or destroyed under this section; an itemization of all income received under this section, and the expenditures of the income so received for the preceding 12 months.
Ala. Code § 45-27A-31.15 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.15
Section 45-27A-31.15 Exemption from Usury and Interest Laws
Status: in_force

The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, the provisions of Chapter 8 of Title 8, as it may at any time be amended.
Ala. Code § 45-44A-41.04 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-41.04
Section 45-44A-41.04 Abatement of Nuisance
Status: in_force

After final action has been taken by the governing body on the overruling of any protests or objections with respect to any described piece of property, or in case no protests or objections have been received, the City Council of the City of Tuskegee, by motion or resolution, shall order the abatement of the nuisance by having the weeds referred to removed, and all necessary employees of the City of Tuskegee are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds removed at his or her own expense providing the same is done prior to the arrival of the employees of the City of Tuskegee to do the same.
Ala. Code § 45-49-170.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-170.01
Section 45-49-170.01 Rulemaking Authority Relating to Certain Landscaping and Commercial Development
Status: in_force

(a) The Mobile County Commission is hereby authorized and empowered to promulgate and implement such rules and regulations relating to the landscaping and commercial development in or adjacent to approved residential subdivision developments as it deems feasible and necessary to protect the property owners in such subdivisions.

(b) The Mobile County Attorney shall petition the Circuit Court of Mobile County for injunctive relief against any subdivision developer or landowner who fails to comply with any rule or regulation implemented under subsection (a).
Ala. Code § 45-44A-40.05 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-40.05
Section 45-44A-40.05 Objections; Collection
Status: in_force

At the time fixed for receiving and considering the report, the city council shall hear the same, together with objections which may be raised by any property owners liable to be assessed for the work in abating the nuisance and thereupon make modifications in the report as they deem necessary, after which by motion or resolution the report shall be confirmed. The amounts of the cost for abating the nuisance on the various parcels of land mentioned in the report shall constitute a lien on the property. After confirmation of the report, a copy shall be provided to the appropriate officials or employees of the county who are charged with the collection of taxes or assessments, and it shall be the duty of the official or employee to add the amounts of the lien to the next assessment for ad valorem taxes levied against the land. Thereafter the amounts shall be collected at the same time and in the same manner as ad valorem taxes are collected, and shall be subject to the same penalties and the same procedures as provided for delinquent ad valorem taxes.
Ala. Code § 45-27A-31 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31
Section 45-27A-31 Legislative Intent
Status: in_force

The revitalization and redevelopment of the City of Brewton and the economic development of the city develop and promote the public good and general welfare, trade, commerce, industry, and employment opportunities and promote the general welfare of the city and state by creating a climate favorable to the location of new industry, trade, and commerce, and the development of existing industry, trade, and commerce. Revitalization and redevelopment and the economic development of the city by financing projects under this part 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 Brewton and of Alabama, and it is hereby declared to be the public purpose of this part to so revitalize and redevelop the city and provide for the economic development of the City of Brewton.
Ala. Code § 45-5A-70 — Alabama Code / Title 45 / Chapter 5A / Section 45-5A-70
Section 45-5A-70 Election of Board of Education; Referendum
Status: reserved

(a)(1) Pursuant to Amendment 659 to the Constitution of Alabama of 1901, and as soon as practicable after final approval of this section by the United States Department of Justice, if necessary, the Oneonta City Council shall call an authorizing referendum election, to be held at the time of the next general election held in the city on November 7, 2000, regarding changing the Oneonta City Board of Education to an elected city board of education.

(2) If a majority of the qualified electors of the municipality voting in the authorizing referendum election vote in favor of an elected city board of education, the board shall be established as provided in this section and the Legislature, as provided in Amendment 659, from time to time, by local law may provide further for the election and operation of the Oneonta City Board of Education. The local laws may provide for the termination of the terms of office of members of the existing city board of education; the composition of the city board of education; initial and succeeding terms of office, including staggered terms; election districts and at-large membership; qualifications; powers, duties, and responsibilities; vacancies; compensation; and any other matter that the Legislature determines necessary for the operation of the board.

(3) The question on the ballot shall read as follows: “Do you favor changing the Oneonta City Board of Education from an appointed to an elected board?

“Yes (______ ) No ( ______ ).”

(4) If a majority of the qualified electors of the municipality voting in the authorizing referendum vote against an elected city board of education, the current board shall continue to operate as provided by law and the remaining portions of this section shall have no further effect.

(5) The official charged with conducting municipal elections shall conduct this election. The city shall pay any costs and expenses not otherwise reimbursed by a governmental agency which are incidental to the election. The official shall report the results of the election to the State Board of Education as provided in Amendment 659.

(b) If the majority of electors voting pursuant to subsection (a) vote in favor of changing to an elected board, an elected board of education for the City of Oneonta shall be established. The board shall be called the “Oneonta City Board of Education.” The board shall be composed of five members, with each member qualifying and being elected by place number from the city at-large by the qualified electors voting who reside in the city.

(c) A member shall reside in the City of Oneonta during the entire term of office.

(d) A candidate for each place on the board of education shall be at least 21 years of age, a resident of the City of Oneonta for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not be an employee of the board or have a record of conviction for any crime involving moral turpitude.

(e)(1) The Oneonta City Council shall take necessary steps to ensure that this section complies with the Federal Voting Rights Act of 1965, as amended.

(2) The Oneonta City Council shall call an election to elect the initial members of the board of education. This election shall be held after preclearance by the United States Department of Justice is obtained and within one year after May 11, 2000.

(3) The initial election and the initial runoff election, if necessary, and all subsequent elections held pursuant to this section shall be conducted, the vote canvassed, and the results declared in the same manner as provided for the election of members of the city council, unless otherwise required in this section.

(4) The initial elected members of the board of education shall assume office immediately upon the certification of the election results and shall serve initial terms of office as follows: Place 1, Place 3, and Place 5 shall serve initial terms of office that correspond in duration with the terms of office of the members of the city council elected in 2000; Place 2 and Place 4 shall serve until their successors, elected at a municipal election held on the fourth Tuesday in August 2002, are qualified and assume office on the first Monday in October 2002. Thereafter, all members of the board shall be elected to serve terms of four years.

(f)(1) Upon the assumption of office of the initially elected members of the board of education, the Oneonta City Board of Education as provided in this section shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(2)a. Upon assumption of office of the initial elected members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11 (commencing with Section 16-11-1) of Title 16.

b. At the first meeting after the board takes office, and every year thereafter, the board shall by majority vote of those voting, select a chair and vice chair from among its members. The vice chair shall preside over meetings of the board in the absence of the chair.

c. All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this section.

(3) The establishment of the board of education as provided in this section shall not affect or impair any of the following:

a. Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

b. Existing contractual obligations of the board of education.

c. Existing civil and criminal actions.

(g) A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term. If the vacancy is not filled by the remaining members of the board of education within 30 days, the city council, or a designee of the city council, shall notify the State Superintendent of Education who shall fill the vacancy by appointment. A person filling a vacancy on the board shall be a resident of the City of Oneonta.

(h) The compensation for each member of the board of education, if any, shall be in an amount prescribed by resolution of the city council and payable from city school system funds.

(i) An annual audit of the financial records of the city school system and of the board of education shall be conducted by a reputable certified public accountant or auditing firm as selected by the board. The audit results shall be made a matter of public record. All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.

(j) Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence as recognized by the board through written policy shall receive a written request from the city superintendent of education to attend the meetings. If the board member persists in his or her unexcused absence for two additional regularly scheduled monthly board meetings, then the position shall be declared vacant by the chair of the board, subject to review and approval by the city council.

(k) The chair of the board shall have all of the following duties:

(1) To preside over all board meetings.

(2) To set the meeting dates and times of all board meetings consistent with state law. The chair shall endeavor to set meeting times at 7:00 p.m. or at a similar time which will afford citizens the best opportunity to attend.

(3) To set the agenda of the board meetings in consultation with the city superintendent of education.

(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) To maintain order at all board meetings.

(6) To assist the superintendent in seeking public input into the operations and support of the city school system.

(7) To vote on all matters which come before the board if he or she so desires.

(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) To promote the city school system as authorized by the board.
Ala. Code § 45-27-20 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-20
Section 45-27-20 Draft and Keg Beer Sales Authorized
Status: in_force

The Alabama Alcoholic Beverage Control Board may in its discretion grant permits to licensed retailers to sell or dispense draft or keg beer or malt beverages anywhere within Escambia County, the provisions of Section 28-3-161, to the contrary notwithstanding, and the board may revoke any such permit so granted if, in the judgment of the board, the sale of draft or keg beer or malt beverages in the community is prejudicial to the welfare, health, peace, and safety of the people of the community or of the state.
Ala. Code § 45-37-210.26 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-210.26
Section 45-37-210.26 Adjudicative Hearing
Status: in_force

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

(1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person, if not received by the 10th day after the notice of violation is mailed.

(2) Within 15 days of the date of actual receipt, the person requests an administrative adjudicative hearing.
Ala. Code § 45-41A-40.23 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-40.23
Section 45-41A-40.23 Provisions Cumulative
Status: in_force

The provisions of this part are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with this part.
Ala. Code § 45-45A-43.01 — Alabama Code / Title 45 / Chapter 45A / Section 45-45A-43.01
Section 45-45A-43.01 Increase to Ad Valorem Tax
Status: reserved

(a) The Legislature hereby approves the proposed increase in the maximum rate at which the city general purpose tax is authorized to be levied from one and eight-tenths per centum [1.8 percent, equivalent to 18 mills] of the assessed value of taxable property in the city to two and four-tenths per centum [2.4 percent, equivalent to 24 mills] of the assessed value of taxable property in the city. The proposed increase in the maximum rate at which the city general purpose tax is authorized to be levied shall become effective only if the increase is approved, subsequent to the enactment of this section, by a majority of the qualified electors of the city who vote on the proposal at a special election during any regular scheduled election, as amended. The city council may make the proposed increase in the maximum rate of the city general purpose tax effective beginning with the levy for the tax year of the city beginning on October 1, 2012, for which tax year municipal ad valorem taxes become due and payable, or any tax year of the city after that date.

(b) Any municipality or town that participates in the Madison City School System, within two years after the effective date of the increase of the maximum rate of the city general purpose tax, shall increase its ad valorem tax equal to the increase provided by this section, and pay the proceeds to the City of Madison School Board. If any participating municipality or town fails to increase its tax, then beginning the following school year, students from the municipality or town may not attend any school within the Madison City School System.

(c) Notwithstanding any provision of law, after the effective date of the proposed increase in the maximum rate of the city general purpose tax pursuant to subsection (a), six twenty-fourths (6/24) of the revenues derived from the levy and collection of the city general purpose tax shall be used and expended exclusively for public educational purposes in and for the city.

(d) All laws or parts of laws that are in conflict with this act shall be and hereby are, to the extent of the conflict, repealed; however, nothing in this section shall be construed to amend, alter, affect, modify, or repeal any existing provision of law pertaining to the use of any revenues derived from the levy and collection of the city general purpose tax other than the portion of the revenues that is described and provided for in subsection (b), including particularly, but without limiting the generality of the foregoing, Section 45-45A-43.
Ala. Code § 45-35-110 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-110
Section 45-35-110 Compensation
Status: in_force

In addition to any compensation authorized by general law, each member of the Houston County Board of Registrars shall receive twenty-five dollars ($25) per day for each meeting the member attends. The compensation shall be payable out of the general fund of the county.
Ala. Code § 45-47-233 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-233
Section 45-47-233 Pistol Permit Fee
Status: in_force

In Marion County, Alabama, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person as provided in Section 13-6-155, shall be fifteen dollars ($15) which shall be collected by the sheriff and deposited in the county treasury and credited to a special fund to be known and designated as the sheriff’s fund. Such fund shall be drawn upon by the sheriff and used exclusively for the purpose of law enforcement.
Ala. Code § 45-43-246.83 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.83
Section 45-43-246.83 Payment and Reporting
Status: in_force

The tax levied pursuant to this subpart may be collected by the State Department of Revenue or a private firm under contract with the county commission, at the same time and in the same manner as state sales and use taxes are collected. On or prior to the date the tax is due, each person subject to the tax shall file with the collection agency a report in the form prescribed by the collection agency. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transactions. The report shall also include items of information pertinent to the tax as the collection agency may require. Any person subject to the tax levied pursuant to this subpart may defer reporting credit sales until after their collection, and in the event the person defers reporting them, the person shall thereafter include in each monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the report. All reports filed with the collection agency under this section shall be available for inspection by the county commission, or its designee.
Ala. Code § 45-43-170 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-170
Section 45-43-170 Solid Waste Disposal - Applicability
Status: in_force

(a) Any law to the contrary notwithstanding, in addition to any and all other provisions of law or parts of law, relating to solid waste disposal programs, this article shall also be applicable in Lowndes County, in order to preserve the health, safety, and welfare of its people.

(b) This article shall be cumulative to any and all other provisions of law relating to solid waste disposal programs and services except to the extent there is a direct conflict herewith.
Ala. Code § 45-35-83.60 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83.60
Section 45-35-83.60 Application; Taxes and Fees; Issuance of Tags and Licenses
Status: in_force

(a) On or after September 1st each year, the Judge of Probate of Houston County, if he or she elects to do so, may mail an application in the form and containing the information hereinafter provided to all owners of motor vehicles listed as such in the motor vehicle license records, including transfers, in the probate office or, at his or her option, to such owners as request that such application be mailed to them.

(b) The application shall be on a form to be provided by the State Department of Revenue. The application form shall contain a space for the name and address of the owner of the motor vehicle and the make, model, year, and motor number of the motor vehicle and such other information with respect thereto as the State Department of Revenue may prescribe. The application form shall also contain a space for the correct amount of ad valorem taxes, state, county, school districts, and municipal, and the amount of the motor vehicle license tax due thereon and the issuance fee, including the mailing fee provided for by this section. The application form shall also contain a space for the owner to fill in his or her present address, if different from that shown in the application form, and a space for his or her signature.

(c) At the request of the judge of probate, the tax assessor shall cause the application form to be filled in with the name and address of the owner, the description of the motor vehicle, and the license tax and fees to become due on November 15 succeeding, as shown on the license registration and transfer records in the office. The tax assessor shall cause to be correctly filled in thereon the amount of ad valorem taxes on the motor vehicle for the preceding tax year as provided by Section 40–12–253. The judge of probate shall thereupon cause the application, so filled in, to be mailed to the owner of the motor vehicle at his or her address shown thereon or at the address to which such owner requests that the application form be mailed.

(d) The owner of the motor vehicle, if he or she is still the owner of the motor vehicle and if he or she desires to pay his or her motor vehicle ad valorem taxes and license tax and secure his or her motor vehicle registration tag by mail, shall sign the application form, indicating thereon any change of address, and return the same by mail together with his or her remittance for ad valorem taxes, license taxes, and fees as shown thereon to the judge of probate. Money orders for the payment of such taxes and fees shall be made payable to the judge of probate. Upon receipt of the signed application form and the remittance for the amount properly due for ad valorem taxes, license tax, and fees, the judge of probate shall pay over to the tax collector the amount of ad valorem taxes. The tax collector shall verify the correctness of ad valorem taxes paid. The judge of probate shall thereupon mail a receipt for such taxes and fees and the license tag for the motor vehicle to the owner thereof.

(e) When an application is returned to the judge of probate unsigned or when less than the correct amount of the taxes and fees due therefor has been paid, due to a change of address or other causes, such application shall be returned to the owner for correction or for signature. A return of such application or remittance, however, shall not extend the time within which taxes may be paid or a tag secured. If more than the correct amount of taxes and fees is received, the judge of probate shall retain the correct amount of taxes and fees and return the excess together with the tag for the motor vehicle.

(f) All applications for motor vehicle tags by mail and the correct amount of taxes and fees shall be received by the judge of probate on or before November 10th preceding the November 15th on which the motor vehicle license tag is due and payable, and the judge of probate shall mail such tag on or before November 14th preceding such November 15th.

(g) The judge of probate shall charge and collect an additional fee of one dollar ($1) for each motor vehicle license plate issued by mail, which fee shall be paid with the mailed request for a license plate. Unless the fee is levied by the Houston County Commission, the additional fee shall only apply when the applicant is purchasing an original or a replacement license plate and shall not be charged or collected for motor vehicle license renewal tabs, stamps, or other devices to be attached to the license plate as provided by law or the Alabama Department of Revenue. The additional fee shall be paid by the judge of probate into the county treasury and the actual expense of mailing application forms to the owners of motor vehicles and of mailing tags or other evidence of renewal as hereinabove provided shall be paid from the county treasury upon warrants signed by the judge of probate and approved as provided by law.

(h) All the forms necessary in the administration of this section shall be furnished by the State Department of Revenue.

(i) The procedure authorized by this section for the payment of ad valorem taxes and motor vehicle license taxes and the issuance of license tags is optional, additional, and alternative to the procedure now provided by law. Each owner of a motor vehicle shall continue to have the right to pay taxes and to receive his or her tag in person without the payment of any of the additional fees hereinabove provided. No judge of probate shall be required to collect taxes and issue license tags by mail unless he or she elects so to do.

(j) In the event motor vehicles are assessed for ad valorem taxes and the motor vehicle license taxes are paid to and tags issued by a commissioner of licenses or other like officer or officers, such commissioner of licenses or other officer or officers shall have the rights and options and perform the respective duties imposed by this section upon the judge of probate, tax assessor, and tax collector.
Ala. Code § 45-3-82.51 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-82.51
Section 45-3-82.51 Violations; Waiver
Status: in_force

(a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue the prosecution of the offender for the crime or crimes charged. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender will be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program.

(b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program.
Ala. Code § 45-22-243.02 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-243.02
Section 45-22-243.02 Levy of Use Tax
Status: in_force

(a) There is hereby levied and imposed an excise tax on the storage, use, or other consumption of property in Cullman County as hereinafter provided in this section:

(1) An excise tax is hereby levied and imposed on the storage, use, or other consumption in the county of tangible personal property (not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships, and other watercraft of more than 50 tons burden) purchased at retail on or after the effective date of such tax, for the storage, use, or other consumption in the county on or after the effective date of such tax, at the rate of one percent of the sale price of such property, except as provided in subdivisions (2), (3), and (4);

(2) An excise tax is hereby levied and imposed on the storage, use, or other consumption in the county of any machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county, at the rate of one-third of one percent of the sales price of any such machine; provided, that the term “machine,” as used herein shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and are customarily so used;

(3) An excise tax is hereby levied and imposed on the storage, use, or other consumption in the county of any automotive vehicle, truck trailer, semitrailer, or house trailer purchased at retail on or after the effective date of such tax for storage, use, or other consumption in the county at the rate of one-third of one percent of the sales price of such automotive vehicle, truck trailer, semitrailer, or house trailer; provided, that where any used automotive vehicle, truck trailer, semitrailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax herein levied shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade; and

(4) An excise tax is hereby levied and imposed on the storage, use, or other consumption in the county of any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments, and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, which is purchased at retail after June 1, 1981, for the storage, use, or other consumption in the county at the rate of one-third of one percent of the sales price of such property within the county, regardless of whether the retailer is or is not engaged in the business in this county. Provided, however, the one-third of one percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities. Where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade; and

(5) An excise tax is hereby authorized to be levied and imposed on the classes of tangible personal property, and at not exceeding the rate authorized to be imposed on such classes, specified in subdivisions (1), (2), (3), or (4), on the storage, use, or other consumption in the performance of a contract in the county of any such tangible personal property, new or used, the tax to be measured by the sales price or the fair and reasonable market value of such tangible personal property when put into use in the county, whichever is less; provided, however, the tax authorized to be imposed by this subdivision shall not apply where the taxes imposed by subdivisions (1), (2), (3), or (4) apply.

(b) There are exempted from the provisions of this section, and from the taxes imposed by this section, the storage, use, or other consumption of property the storage, use, or other consumption of which is presently exempted under the state use tax statutes from the state use tax. Subject to those exemptions, every person storing or using or otherwise consuming in the county tangible personal property purchased at retail on or after the effective date of such taxes shall be liable for the taxes imposed by this section, and the liability shall not be extinguished until the tax has been paid by such person; provided, however, that a receipt from a registered seller given pursuant to Section 45-22-243.05 to the purchaser of any property to be used, stored, or consumed in the county shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.
Ala. Code § 45-52-231 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-231
Section 45-52-231 Expense Allowances
Status: in_force

(a) There is provided for the Sheriff of Morgan County, Alabama, an additional expense allowance of seven thousand five hundred dollars ($7,500) per annum which shall become part of the base salary of twenty-six thousand dollars ($26,000) per annum of the sheriff at the beginning of the next term of office. The additional allowance shall be paid in equal monthly installments from the county treasury.

(b)(1) Commencing on August 1, 1995, the Sheriff of Morgan County shall be entitled to an additional expense allowance in the amount of fifteen thousand dollars ($15,000) per annum, which shall be in addition to all other expense allowances, compensation, or salary provided by law. This expense allowance shall be payable in equal monthly installments from the general fund of the county.

(2) Beginning with the expiration of the term of the incumbent sheriff, the annual salary for the Sheriff of Morgan County shall be increased by fifteen thousand dollars ($15,000) per annum, payable in equal monthly installments from the general fund of the county and at that time, subdivision (1) shall become ineffective.
Ala. Code § 45-53-246.04 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-246.04
Section 45-53-246.04 Application of Laws, Rules, and Regulations
Status: in_force

All laws, rules, and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section 40-25-1 to Section 40-25-28, inclusive, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this part as fully as if set out herein.
Ala. Code § 45-49A-10.06 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-10.06
Section 45-49A-10.06 Contract Requirements
Status: in_force

The contracts of the corporation shall be executed in the name of the corporation by the president of the corporation and attested by the secretary of the corporation. Except for bonds, it is not required that the seal be impressed or printed on contracts. It is further provided hereby that, except for bonds, the corporation may provide by resolution for a different form for the execution of contracts and for the execution thereof by an officer or agent other than the president and secretary. But in no event shall a contract, irrespective of the form and of the person executing the same, be binding unless such contract was authorized or ratified by the corporation.
Ala. Code § 45-36-252.15 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-252.15
Section 45-36-252.15 Proceedings, Notice, and Approval of Authority Actions
Status: in_force

Except as expressly otherwise provided in this part, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the acquisition of any property, water, sewer, and garbage system, or the issuance of any mortgage and deed of trust or trust indenture.
Ala. Code § 45-41-84.04 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-84.04
Section 45-41-84.04 Applicability of State Laws
Status: in_force

All provisions of the laws of Alabama with respect to the recording of real property instruments, personal property instruments, and other instruments and records that may constitute part of an improved indexing system installed hereunder, including, but without limitation to Section 12-13-43, and all statutes respecting the filing and recording of notices or statements of liens of any kind, notices of lis pendens, declarations of claims or exemptions, certificates of judgement, or plats of maps showing subdivisions of real estate, that are not inconsistent with this part shall continue in effect with respect to an improved indexing system installed hereunder, the recording of instruments therein, and the duties of the judge of probate with respect thereto.
Ala. Code § 45-44-141 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-141
Section 45-44-141 Assessment and Collection
Status: in_force

(a) In Macon County, the Little Texas Volunteer Fire Department may assess and collect a service charge by action of the board on all property served by the department for fire protection services. The service charge shall not exceed seven and one-half percent of the total ad valorem taxes due and payable on the property on an annual basis. The proceeds of the service charge shall be used solely for equipment and expenses relating to the delivery of fire protection services and operation of the volunteer fire department. No portion of the service charge may be used for salaries, entertainment, or food.

(b) The service charge provided for in subsection (a) shall be assessed and collected by the Macon County Revenue Commissioner on an annual basis at the same time as ad valorem taxes are collected. The service charge shall be collected in the same manner as municipal assessments.

(c) Subsections (a) and (b) providing for the assessment and collection of the fire protection service charge shall not be effective unless approved by a majority of the registered voters residing in the Little Texas Volunteer Fire Department district who vote a referendum held for that purpose at the November 2014 general election.
Ala. Code § 45-44-247.04 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-247.04
Section 45-44-247.04 Addition of Tax to Sales Price
Status: in_force

Each person engaging or continuing in a business subject to the tax levied by this part shall add to the sales price and collect from the purchaser the amount due by the taxpayer because of the sale or use. It shall be unlawful for any person subjected to the tax to fail or refuse to add to the sales price and to collect from the purchaser the amount required to be added to the sale pursuant to this part. It shall be unlawful for any person subjected to the tax levied by this part to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.
Ala. Code § 45-21-242.18 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-242.18
Section 45-21-242.18 Charge for Collection; Disposition of Funds
Status: in_force

(a) The State Department of Revenue shall charge Crenshaw County for collecting the special county tax levied under this part an amount or percentage of total collections as may be agreed upon by the Commissioner of Revenue and the Crenshaw County Commission, but the charge shall not, in any event, exceed 10 percent of the total amount of the special county tax collected in county under this part. The charge for collecting the special tax may be deducted each month from the gross revenues from the special tax before certification of the amount of the proceeds due Crenshaw County for that month. The Commissioner of Revenue shall pay into the State Treasury all tax collected under this part, as such tax is received by the Department of Revenue, and on or before the first day of each successive month, commencing with the month following the month in which the department makes the first collection hereunder, the commissioner shall certify to the Comptroller the amount of tax collected under this part and paid into the State Treasury for the benefit of Crenshaw County during the month immediately preceding such certification. Provided, however, that before certifying the amount of the tax collected and paid, the commissioner may deduct from the tax collected in the month the charge due to the department for the collection of the tax for the county. The Comptroller shall issue warrants each month as provided by law. The commissioner shall then distribute the remaining balance as follows:

(1) Fifty percent of the net remaining proceeds shall be distributed to the Crenshaw County Commission for capital improvements and other capital outlay expenditures, road improvements, and the remediation of designated environmental issues.

(2) Fifty percent of the net remaining proceeds shall be distributed directly to the Crenshaw County Board of Education for capital improvement of the facilities, other capital outlay expenses, development of technology programs, and instructional support.

(b) The sales and use tax levied by this part shall not be used to support any salary increases of the members of organizations benefiting from the proceeds of the tax.
Ala. Code § 45-32-230 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-230
Section 45-32-230 Service of Process
Status: in_force

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

(b) The Greene County Sheriff Service of Process Serving Fund is created and hereinafter referred to in this section as the fund.

(c) The Sheriff of Greene County, except for warrants for arrest, may contract with or enter into contract or agreement with a private, public, or governmental entity for the purpose of service of process.

(d)(1) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the criminal division of the district and circuit courts of Greene County, shall increase the fees by twelve dollars ($12) per document for the fund.

(2) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the district and circuit courts of Greene County shall increase the fees by twelve dollars ($12) per document for the fund.

(3) The court official designated in Greene County by law for the respective courts shall collect the additional service of process fee designated in subdivisions (1) and (2) and remit the fees collected to the sheriff for deposit in the fund.

(e) The sheriff may use the monies generated by this section for law enforcement purposes in Greene County, including contracting with or entering into a contract or agreement with a private, public, or governmental entity for service of process of documents from the civil or criminal division of the district or circuit court. The funds shall not revert to the general fund of the county at the end of the fiscal year.
Ala. Code § 45-25-101 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-101
Section 45-25-101 Election; Term; Compensation; Qualifications; Powers and Duties; Vacancy
Status: in_force

(a) A county Superintendent of Education for DeKalb County, Alabama, shall be elected by the qualified electors of DeKalb County, Alabama, at the next general election who shall hold office until his or her successor is elected and qualified as hereinafter provided.

(b) At the next general election to be held in the county and state a county Superintendent of Education for DeKalb County, Alabama, shall be elected, who shall hold office for a term of four years and until his or her successor is elected and qualified, unless sooner removed for good cause. Each four years thereafter, a county Superintendent of Education for DeKalb County, Alabama, shall be elected by those qualified voters of the county residing outside of a municipality served by a city board of education at the regular general election, nominations for which office may be made in primary elections as other county officers.

(c) The salary of the county superintendent of education shall be fixed by the county board of education of the county at not less than fifteen hundred dollars ($1,500) per annum nor more than two thousand dollars ($2,000), which salary shall be paid in the same way and manner as now provided under the general laws of the state for the payment of salaries of county superintendents in the several counties.

(d) The county superintendent of education shall be charged with the same duties and shall exercise the same powers as are now provided by the general school laws of the state in the conduct of the office of county superintendent of education. No person shall be eligible for political party nomination or for election to the office of county superintendent of education of the county who does not as now required hold an Alabama certificate in administration and supervision based as a minimum upon graduation from a standard normal school or equivalent education with at least one year of additional study of college grade and proof of three years of successful teaching experience; provided that, if no person meeting these requirements qualified for nomination and election as provided in this section, the county board of education shall appoint a county superintendent of education as provided by the general law regulating the appointment of superintendents.

(e) In the event of a vacancy in the office for any cause, except removal, such vacancy shall be filled by the county board of education, and the person so appointed shall hold office until the next general election thereafter when his or her successor shall be elected. Should any county superintendent be removed for cause by the County Board of Education of DeKalb County, such vacancy shall be filled by election by the County Board of Education of DeKalb County and the newly elected county superintendent of education shall hold office as in the case provided by appointment of the county board of education. Provided, that the county board of education may remove the county superintendent of education for immorality, misconduct in office, incompetency, or willful neglect of duty, or when, the best interests of the schools require it. Any of which causes shall be alleged and proved, and the county superintendent of education shall have the right to be heard in his or her defense as in cases of impeachment against county officers, and all such hearings shall be before the county board of education and shall be conducted as in cases provided under the general laws for the impeachment of county officers, and provided that upon such removal for cause any county superintendent may appeal to the circuit court and have a trial by jury.

(f) The duties and powers prescribed by the general laws of Alabama for the office of county superintendents in the supervision of the schools of the several counties shall apply to and be incumbent upon the county superintendent elected or appointed under this section, and before entering upon the duties of the office he or she shall take the oath of office prescribed by the constitution, and give bond in an amount to be fixed by the State Board of Education in a reputable surety company authorized to do business in Alabama, conditioned upon the faithful performance of the duties of this office, and upon the accounting and paying over to the proper authority of all moneys coming into his or her hands.

(g) The county superintendent elected under this section shall, on the third Monday in September of each year, cause to be published in a newspaper published in DeKalb County a full and accurate statement of all money expended, such statement shall show the amount paid to each teacher and the amount expended in the conduct of each school separately in the county, if there be no newspaper published in the county then such publication shall be made by posting one copy of such statement at the county court house and one copy at two other public places in the county.
Ala. Code § 45-37A-51.198 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.198
Section 45-37A-51.198 Purchase of Credit for Prior Unclassified Service
Status: in_force

(a) Any employee member having been a full-time employee in the unclassified service of the city, prior to January 1, 1989, as a common laborer for less than 10 years, shall have had the election options available under the terms of subsection (d) of Section 45-37A-51.162 and Section 45-37A-51.163 and shall have purchased time not later than May 15, 1989. In the case of reemployment of an unclassified employee, such employee with unclassified time prior to January 1, 1989, and having received a return of contributions at his or her termination of prior employment, may purchase this creditable service time as otherwise provided in Section 45-37A-51.195. The city shall pay an amount equal to the employee’s total cost of purchase for prior credited service into the fund for the city’s contribution for the period of service.

(b) To receive credit in the system for such prior unclassified service, the employee member shall first have waived in writing all his or her rights to allowances or benefits under any retirement or relief system created only for unclassified employees of the city and shall have paid the amount into the fund within 60 days after date that this section becomes effective or that he or she becomes a participant; whichever of these periods last expires.