Ala. Code § 45-24A-32.02 — Alabama Code / Title 45 / Chapter 24A / Section 45-24A-32.02
Section 45-24A-32.02 Definitions
Status: in_force

As used in this part, the following terms shall have the following meanings:

(1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court.

(2) CITY. The City of Selma, Alabama.

(3) CIVIL PENALTY. The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction.

(4) CIVIL VIOLATION. There is created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. The penalty for committing a civil violation shall be the payment of a civil penalty, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation created hereby shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-24A-32.05, and in no event shall an adjudication of liability for a civil violation be punishable by a criminal fine or imprisonment.

(5) OWNER. The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. The term shall not include a motor vehicle rental or leasing company when a motor vehicle registered by the company is rented or leased to another person under a rental or lease agreement with the company, in which event owner shall mean the person to whom the vehicle is rented or leased; nor shall the term include motor vehicles displaying dealer license plates, in which event owner shall mean the person to whom the vehicle is assigned for use; nor shall the term include the owner of any stolen motor vehicle, in which event owner shall mean the person who is guilty of stealing the motor vehicle.

(6) PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM. A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. The device shall be capable of producing at least two recorded images, at least one of which is capable of clearly depicting the license plate of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.

(7) TRAFFIC-CONTROL SIGNAL. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1.1.

(8) TRAFFIC SIGNAL VIOLATION. Any violation of Section 32-5A-31, 32-5A-32, or 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle’s lane of travel is emitting a steady red signal. A traffic signal violation shall be a civil violation as defined in this part.

(9) TRAINED TECHNICIAN. A sworn law enforcement officer employed by the City of Selma, who alternatively:

a. Is a professional engineer in the field of civil engineering.

b. Has received instruction and training in the proper use of the photographic traffic signal enforcement system to be used by the city by the city’s traffic engineer or his or her designee.

c. Has been trained by the vendor installing the equipment.
Ala. Code § 45-31-122 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-122
Section 45-31-122 Transfers to New County Personnel System
Status: reserved

Upon the effective date of a new county personnel system adopted by the Geneva County Commission, the employees of Geneva County on that date under the existing civil service system shall be transferred in their status to the new personnel system, and Parts 1 and 2 of this article, providing for the existing civil service system in the county, are repealed.
Ala. Code § 45-39A-11.23 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-11.23
Section 45-39A-11.23 Tourism Improvement District Plan
Status: in_force

A tourism improvement district plan shall include, but not be limited to, all of the following:

(1) A map that identifies the tourism improvement district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the tourism improvement district boundaries. The boundaries of a tourism improvement district may overlap with other tourism improvement districts established pursuant to this subpart.

(2) The name of the proposed tourism improvement district.

(3)a. The name of the business owners’ association.

b. In the case of a newly formed nonprofit corporation designated as the business owners’ association, the certificate of incorporation or bylaws shall provide that a majority of the business owners’ association’s governing board shall be business owners, or their authorized representatives, who pay the tourism improvement district benefit assessment.

c. Where an existing nonprofit corporation is designated as the business owners’ association, the nonprofit corporation shall create a committee, with a majority of members being business owners, or their authorized representatives, who pay the tourism improvement district benefit assessment, and who shall be charged with managing the funds raised by the tourism improvement district and fulfilling the obligations of the tourism improvement district plan.

d. A business owners’ association shall have full discretion to select the specific activities and improvements within the authorized parameters of the tourism improvement district plan which shall be funded with tourism improvement district benefit assessment revenue, provided that there is a rational relationship between the benefit of the activities and improvements to each business and the assessment amount levied on the business.

(4) The activities and improvements proposed for each year of operation of the tourism improvement district and the estimated cost of those activities and improvements. Improvements shall have an estimated useful life of five years or more. If the activities and improvements proposed for each year of operation are the same, the plan shall include a description of the first year’s proposed activities and improvements and a statement that the same activities and improvements are proposed for subsequent years.

(5) The estimated annual amount proposed to be expended for activities and improvements during each year of operation of the tourism improvement district. This amount may be estimated based upon the assessment rate. If the estimated annual amount proposed to be expended in each year of operation of the tourism improvement district is not significantly different from year to year, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.

(6) The source or sources of financing, including the proposed method and basis of levying the assessment, in sufficient detail to allow each business owner to calculate the amount of the assessment to be levied against his or her business. The assessment may be based on a percent of gross business revenue, a fixed dollar amount per transaction, or any other reasonable method approved by the city. If the assessment is based on a percent of gross business revenue, then the rate may not be greater than four percent. The tourism improvement district plan may set forth increases in assessments for any year of operation of the tourism improvement district, except that any assessment based on a percent of gross business revenue may not exceed four percent.

(7) The time and manner of collecting the benefit assessments and any interest or penalties for nonpayment.

(8) The specific number of years, not to exceed 10, during which benefit assessments will be levied, except that a district that finances improvements with bonds may levy assessments during the time to maturity of the bonds if that period exceeds 10 years.

(9) Any proposed rules to be applicable to the tourism improvement district.

(10) A definition describing the type or class of businesses to be included in the tourism improvement district and subject to the tourism improvement district benefit assessment.

(11) Any other item or matter required to be incorporated in the plan by the city council.
Ala. Code § 45-35-83.20 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-83.20
Section 45-35-83.20 Additional Filing Fee
Status: in_force

(a) The Judge of Probate of Houston County shall charge a special additional filing fee of two dollars ($2) for filing or for recording each and every instrument, paper, writing, document, or decree in his or her office including, but not limited to, those related to: each personal property, Uniform Commercial Code statement, each real estate, warranty deed, deed/executive deed, subordinate agreement, agreement, land lease, partial release/release, affidavit, marriage license, official bond plat, oath of office, bill of sale, custodian bond, declaration of trust, transfer, assignment, satisfaction, declaration of vacation bond to indemnify, license pendens notice, order approving trustee bond, and excerpts of minutes.

(b) The month following collection, all funds so collected shall be paid by the judge of probate into the treasury of Houston County.

(c) This section is cumulative. Nothing herein contained shall alter or change an existing law relating to charges and fees to be collected by the Judge of Probate of Houston County.
Ala. Code § 45-34-242.02 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-242.02
Section 45-34-242.02 Violations
Status: in_force

It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Henry County in the business for which the tax is hereby levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax herein provided or to refund or offer to refund all or any part of the amount collected or absorb or advertise directly or indirectly the absorption of the tax or any portion thereof. Any person, firm, corporation, club, or association violating this section shall be guilty of a violation, and upon conviction shall be fined not more than one hundred dollars ($100) or imprisoned in the county jail for not more than 60 days, or by both such fine and imprisonment. Each act in violation of this section shall constitute a separate offense.
Ala. Code § 45-39-245.10 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-245.10
Section 45-39-245.10 Use of Funds - Outside City of Florence
Status: in_force

All revenues arising from the taxes hereby levied applicable to Lauderdale County outside the city limits of the City of Florence shall be used exclusively for public school purposes and solely for capital outlay, construction, and maintenance of the county public schools in Lauderdale County, provided, however, that in the event the Governor restricts allotments of educational appropriations made by the Legislature to prevent an overdraft or deficiency in any fiscal year for which appropriations are made by prorating the available educational revenues among the various departments, boards, bureaus, commissions, agencies, offices, and institutions of the state, the revenues from the taxes hereby levied applicable to Lauderdale County outside the city limits of the City of Florence, in the discretion of the County Board of Education of Lauderdale County, may also be used in such fiscal year for general educational purposes, including the payment of teachers’ salaries, other current school expenses, and the costs of school transportation; subject, however, to all pledges of the revenues from the taxes heretofore or hereafter made to warrants or other obligations of the County Board of Education of Lauderdale County.
Ala. Code § 45-45A-41 — Alabama Code / Title 45 / Chapter 45A / Section 45-45A-41
Section 45-45A-41 Regulation of Explosive Substances and Blasting
Status: in_force

Under the general authority of Section 11-43-60, the City Council of the City of Madison in Madison County, Alabama, is hereby specifically authorized and empowered, by duly enacted city ordinance, to specifically regulate the storage, keeping, hauling, and use of any explosive substance and to regulate blasting for both commercial quarries and land development within the city limits and police jurisdiction of the city.
Ala. Code § 45-57-82.41 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-82.41
Section 45-57-82.41 Pretrial Diversion Program
Status: in_force

(a) The district attorney may establish a pretrial diversion program within the Twenty-sixth Judicial Circuit in Russell County.

(b) All discretionary powers endowed by the common law, provided for by statute or acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained by the District Attorney of the Twenty-sixth Judicial Circuit.

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

(d) The district attorney may contract with any agency, person, or corporation for services related to this subpart and may employ persons necessary to accomplish this subpart who shall serve at the pleasure of the district attorney.
Ala. Code § 45-49-112.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-112.01
Section 45-49-112.01 Hours of Operation
Status: in_force

All polling places within Mobile County shall remain open between the hours of 7:00 a.m. and 7:00 p.m. for all state and local elections held in the county.
Ala. Code § 45-37-170.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-170.01
Section 45-37-170.01 Abatement of Nuisances
Status: in_force

(a) Pursuant to Amendment 497 to the Constitution of Alabama of 1901, now appearing as Official Recompilation of the Constitution of Alabama of 1901, Local Amendments, Jefferson County, § 10 the Jefferson County Commission is hereby authorized to enact ordinances to do all of the following:

(1) Prohibit the overgrowth of weeds and the storage and accumulation of junk, inoperable motor vehicles, and other litter.

(2) Implement, administer, and enforce the prohibition.

(3) Assess criminal penalties for violations thereof.
Ala. Code § 45-37A-52.141 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.141
Section 45-37A-52.141 Budget Summary
Status: in_force

At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of anticipated revenue, stating separately the amount to be raised by property tax, kinds of expenditures itemized according to departments, doing so in such a manner as to present to the taxpayers a simple and clear summary of the detailed estimates of the budget.
Ala. Code § 45-32-150.20 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-150.20
Section 45-32-150.20 Transmission or Communication of Racing Information
Status: in_force

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

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

(c) Any person violating this section shall be guilty of a felony and, upon conviction, shall be imprisoned in the state penitentiary for not less than one year nor more than 10 years, or shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both, in the discretion of the court.
Ala. Code § 45-45-233.25 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-233.25
Section 45-45-233.25 Disposition of Funds
Status: in_force

All sums collected under this subpart shall be expended for the implementation of this subpart including, but not limited to, paying salaries and other expenses involved in making investigations and studies necessary to determine whether or not particular prisoners will be granted the benefits of this subpart, administration required to carry out this subpart, transportation of prisoners to and from their places of employment, matching any federal and state grants which may be available in relation to the purposes of this subpart and investigation and screening of prisoners subject to this subpart. If, at the end of any calendar year, there remains a surplus in the fund established in Section 45-45-233.23, the surplus shall be paid over to the General Fund of Madison County, provided the presiding judge of the Twenty-third Judicial Circuit shall certify in writing to the Judge of Probate of Madison County that in the judgment of the presiding judge such surplus, or any portion thereof, is in excess of an amount necessary to carry out this subpart.
Ala. Code § 45-47-231.20 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-231.20
Section 45-47-231.20 Definitions
Status: in_force

As used in this subpart, unless the context clearly requires a different meaning, the following terms shall have the following meanings:

(1) APPOINTMENT AUTHORITY. In the case of employees in the offices of the elected officials of the county or of a municipality, the elected officials, and, 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.

(2) BOARD. The merit system board created by this subpart.

(3) COUNTY. Marion County.

(4) EMPLOYEE. Any law enforcement officer, full-time fireman, radio operator, jailer, and law enforcement support personnel, not excepted by Section 45-47-231.23, who is employed in the service of Marion County or any municipality of Marion County or any board, agency, or instrumentality thereof.

(5) MERIT EMPLOYEE. Any employee who shall have completed one year of probationary employment.

(6) MUNICIPALITY. Any municipality in Marion County.
Ala. Code § 45-49-40.13 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.13
Section 45-49-40.13 Fees
Status: in_force

The board of barber commissioners shall charge and collect the following fees:

(1) The original as well as any subsequent examination fee for barber or apprentice shall be twenty-five dollars ($25) per examination. Any fee shall also include the cost of the issuance of any barber or apprentice license which may thereafter be issued.

(2) For the annual renewal of a barber or apprentice license, a fee of twenty dollars ($20) shall be charged.

(3) For restoration of an expired barber or apprentice license, a fee of twenty-five dollars ($25) shall be charged. Upon the payment of such fee such license shall be restored without examination provided application is made therefor, within a period of two years from the date of the expiration of any such license. There shall be a five dollar ($5) delinquent fee charged for each month late to cover expenses of collecting late license fees.

(4) For the application and issuance of a new barber shop operator’s license, a fee of fifty dollars ($50) shall be charged.

(5) For the annual renewal of a barber shop operating license, a fee of fifteen dollars ($15) shall be charged. Also, barber shops shall be charged a delinquent fee of five dollars ($5) a month for each month late to cover the cost of collecting such late fee.

(6) For the application and examination of teacher or instructor applicant and issuance of a teacher or instructor certificate or license, a fee of fifty dollars ($50) shall be charged.

(7) For the annual renewal of a teacher or instructor certificate or license, a fee of thirty-five dollars ($35) shall be charged.

(8) All licenses required under this part shall be renewed annually on or before January 1.

(9) A duplicate license shall be issued upon the filing of a statement covering the loss of such license, verified by the oath of the applicant, and accompanied by the payment of a fee of twenty dollars ($20) for the issuance of same. Each duplicate license shall have the word Duplicate stamped across the face thereof and shall bear the same number as the originally issued license.
Ala. Code § 45-8A-130.03 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-130.03
Section 45-8A-130.03 Civil Service Rules and Regulations
Status: in_force

All employees of the city shall be governed by civil service rules and regulations prescribed in or promulgated pursuant to this part, administered by a civil service board, the creation of which is provided for in Section 45- 8A-130.04. Present employees shall remain in their respective employments during good behavior; but nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner hereinafter provided; and such employees shall be subject fully to the provisions of this part.
Ala. Code § 45-19-80.20 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-80.20
Section 45-19-80.20 Legislative Findings; Additional Court Costs
Status: in_force

(a) The Legislature finds that the office of sheriff is an integral part of the court system of this state and Coosa County. It further notes that our judicial process could not operate without the assistance of the sheriff’s department which serves summons and other processes.

(b) In Coosa County, in addition to all other fees, there shall be taxed as costs the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, 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 the Circuit Court of Coosa County, or the District Court of Coosa County, hereinafter filed in or arising in the Circuit Court of Coosa County, or the District Court of Coosa County, or brought by appeal, certiorari or otherwise to the Circuit Court of Coosa County, or the District Court of Coosa 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 Coosa County, as the case may be. The fees, when collected by the clerks or other collection officers of the court, shall be paid into the county fund to be used by the sheriff’s department for salaries, equipment, and other expenses of the department.
Ala. Code § 45-8A-22.82 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.82
Section 45-8A-22.82 Partial Lump Sum Option
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-9-30 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-30
Section 45-9-30 Library Board
Status: in_force

(a) In Chambers County, the county commission is hereby authorized to appoint members of the Chambers County Library Board. The board shall consist of not less than five nor more than seven members and shall serve staggered terms to be determined by the county commission.

(b) Upon their appointment, the members of the library board shall have the authority to appoint one or more persons as a “trustee emeritus.”
Ala. Code § 45-46-40 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-40
Section 45-46-40 Branch Banking
Status: in_force

Any bank whose principal place of business is situated in Marengo County, Alabama, may establish, maintain, and operate within the limits of Marengo County one or more branches, or additional offices or places of business, for the receipt of deposits, payment of checks, lending of money, and the doing of general banking business, provided that such bank before the establishment of such branch, or additional office or place of business, shall first secure the written consent thereto of the Superintendent of Banks of the State of Alabama.
Ala. Code § 45-9-20.02 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-20.02
Section 45-9-20.02 Alcoholic Beverage Sales on Sunday Outside Corporate Limits of Cities of Valley and Lanett
Status: in_force

(a) This section applies in Chambers County outside of the corporate limits of the City of Valley and the City of Lanett.

(b) The sale of alcoholic beverages after 12:00 p.m. on Sundays may be authorized by the Chambers County Commission outside of the corporate limits of the City of Valley and the City of Lanett after approval by a referendum as provided in this section. If the Sunday sale of alcoholic beverages is approved by a referendum, the county commission, by ordinance, may permit the sale and consumption of alcoholic beverages on Sunday after 12:00 p.m. as determined by the county commission by properly licensed retail licensees of the Alcoholic Beverage Control Board outside of the corporate limits of the City of Valley and the City of Lanett. Pursuant to this authority, the county commission may regulate which retail licensees may sell alcoholic beverages on Sunday, whether the sale may be for off-premises consumption, and any other aspect of the Sunday sale of alcoholic beverages.

(c) The county commission shall hold a referendum to determine if the public favors the sale of alcoholic beverages on Sunday after 12:00 p.m. outside of the corporate limits of the City of Valley and the City of Lanett. If a majority of the voters voting thereon vote in favor of the question, then the sale of alcoholic beverages after 12:00 p.m. on Sunday outside of the corporate limits of the City of Valley and the City of Lanett may be provided for by the county commission.

(d) The referendum shall be held at the next primary or general election. Costs of the referendum shall be paid by the county commission. A second or subsequent referendum shall not be held within 12 months following a referendum which fails to be approved.
Ala. Code § 45-1-232.24 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-232.24
Section 45-1-232.24 Autauga County Work Release Fund; Disposition of Wages
Status: in_force

(a) The sheriff may establish the Autauga County Work Release Fund at a bank selected by the sheriff located in Autauga County, Alabama. The employer of an inmate involved in work release shall pay the wages of the inmate directly to the board. All wages received by the board under this subpart shall be deposited by the board into the fund. The fund shall be administered by the board, or by the sheriff as designee of the board, in accordance with the rules established by the board.

(b) The board shall adopt rules concerning the disbursement of any wages of the inmate involved in the program.

(c) The board may apply from the wages of the inmate received by the board up to 40 percent of the gross wages of the inmate for the payment of costs incident to the confinement of the inmate, as well as for any law enforcement purposes deemed appropriate by the board.

(d) The board may adopt policies to allow the monies to be spent exclusively for the betterment of law enforcement in the interest of the public as the sheriff sees fit in addition to for operation of the jail.

(e) After application of the wages of the inmate as provided by this subpart, the remainder shall be applied by the board to the payment of court-ordered child support.

(f) After deduction from the gross pay of the inmate as provided by this subpart, the remainder of the wages of the inmate shall be credited to the account of the inmate in the Autauga County Work Release Fund and, upon his or her release from confinement, shall be turned over to the inmate.

(g) The board may turn over the remainder of the wages of the inmate to the family of the inmate for its support while the inmate is confined, provided the inmate gives written consent prior to his or her release into the program.
Ala. Code § 45-2-22.06 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-22.06
Section 45-2-22.06 Conditions of Amendment, Modification, Termination, Etc., of Agreement
Status: in_force

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

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

(2) Has acted in good faith.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(g) Notwithstanding subsections (a), (c), (e), and (f), a supplier may terminate, cancel, not renew, or discontinue an agreement upon not less than 30 days’ prior written notice if the supplier discontinues production or discontinues distribution in this state of all brands sold by the supplier to the wholesaler. Provided, however, nothing in this section shall prohibit a supplier from: (1) Upon not less than 30 days’ notice, discontinuing the distribution of any particular brand of wine; or (2) conducting test marketing of a new brand of wine or of a brand of wine which is not currently being sold in this state, provided that the supplier has notified the board in writing of its plan to test market, which notice shall describe the market area in which the test shall be conducted; the name or names of the wholesaler or wholesalers who will be selling the wine; the name or names of the brand of wine being tested; and the period of time not to exceed 18 months during which the testing will take place.
Ala. Code § 45-16-82 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82
Section 45-16-82 Law Enforcement Authority of Investigators
Status: in_force

Investigators for the District Attorney’s office in the Twelfth Judicial Circuit are hereby authorized and empowered to make arrests and serve search warrants in the performance of their official duties to the same extent as deputy sheriffs are so authorized and empowered.
Ala. Code § 45-42-242.07 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-242.07
Section 45-42-242.07 Construction and Application
Status: in_force

(a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses of the federal or state constitution.

(b) This part shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of the county, which are actually resold or reshipped.
Ala. Code § 45-21-241 — Alabama Code / Title 45 / Chapter 21 / Section 45-21-241
Section 45-21-241 Crenshaw Baptist Hospital
Status: in_force

In Crenshaw County, the Crenshaw Baptist Hospital is exempted from paying any county or municipal sales or use taxes.
Ala. Code § 45-52-140 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-140
Section 45-52-140 Contributions to Certain Rural Fire Departments; Liability Insurance; Life an Accident Insurance
Status: in_force

(a)(1) The Morgan County Commission, upon such terms as it deems proper, may contribute money and materials to volunteer rural fire departments organized in Morgan County according to law. Monies budgeted shall be contributed when matched by the recipient by an equal amount. Such matching funds may consist of money then on hand or of money expended by the recipient during that fiscal year beginning October 1, or both.

(2) A financial statement as of the last day of the fiscal year shall be filed promptly with the commission. No funds on hand at the end of any fiscal year and no invoices evidencing funds expended during that year may be used for matching funds in any succeeding fiscal year.

(b) The county commission may assist the volunteer rural fire departments in obtaining liability insurance for its vehicles and life and accident policies for the members of the departments to the extent and upon the terms as it deems proper, including, without limiting the generality of the foregoing, arranging for the inclusion of such insurance as a part of the county insurance on vehicles and employees.

(c) Requirements of rural fire departments to be eligible for county matching funds:

(1) Must have a minimum of 15 members.

(2) Maintain a duty roster to give 24 hours coverage.

(3) Maintain equipment in state of readiness.

(4) At least one year after joining, 75 percent of all active members must take the rural firefighters basic course.

(5) A minimum of 50 percent of all personnel must be trained in first aid.

(6) Maintain a set of books for auditing purposes-equipment and monies.

(7) Each unit must be willing to respond to all county emergencies requiring assistance.

(8) Each unit must be a member of the Morgan County Rural Firefighters Association.
Ala. Code § 45-17A-80.12 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-80.12
Section 45-17A-80.12 Architectural Review Board
Status: in_force

(a) Tuscumbia, upon enacting an ordinance pursuant to this part, may elect to create an architectural review board, hereinafter sometimes called the board, to perform the duties and responsibilities of the historic preservation commission in accepting, considering, and approving or rejecting applications for certificates of appropriateness, as set out in Sections 45-17A-80.08, 45-17A-80.09, 45-17A-80.10, and 45-17A-80.11.

(b) If such board is created, it shall be composed of not less than five members who shall have demonstrated training or experience in the fields of history, architecture, architectural history, urban planning, archaeology, or law. A majority of the members of the board shall be bona fide residents of the territorial jurisdiction of Tuscumbia. No elected public official shall serve as a member of the board. Not more than one-fifth of the members of the board shall be public officials.

(c) Members of the board shall be nominated by the chief executive officer of Tuscumbia and appointed by the legislative body of Tuscumbia. Nomination and appointment of members of the board shall made so that the board will be composed of persons with as much of the training and experience specified in subsection (b) as possible.

(d) Except for the original members of the board, members of the board shall serve three-year terms and shall be appointed in such manner as to serve overlapping terms. Two of the original members of the board shall be appointed to serve one-year terms and the remainder of the original members of the board shall be appointed to serve three-year terms. Members of the board may be reappointed.

(e) Members of the board may be removed for cause by the legislative body of Tuscumbia.

(f) Vacancies on the board shall be filled by persons nominated by the chief executive officer of Tuscumbia and appointed by the legislative body of Tuscumbia. Such appointments shall be for the unexpired term of the member replaced.

(g) Members of the board shall elect a chair and vice chair and such other officers as the members deem necessary. The board shall adopt rules of procedure and shall communicate those rules of procedure to the chief executive officer and legislative body of Tuscumbia creating the board. The rules of procedure of the board shall specify what number of members of the board shall constitute a quorum.

(h) Members of the board shall serve without compensation, but may be reimbursed for reasonable expenses incurred on behalf of the board, in accordance with the rules and regulations for the reimbursement of expenses adopted by the board.

(i) The board may employ such professional, technical, office, and other personnel as may be necessary to carry out the purposes and responsibilities of the board.

(j) Meetings of the board shall be public meetings and shall be held at times and places pursuant to such notices as are specified in the ordinance creating the board.

(k) If, in the opinion of the governing body of Tuscumbia, the work load of the board is, or is contemplated to be excessive, the governing body of Tuscumbia may create more than one board, and designate the historic properties, and historic districts with which each board will be concerned, so long as each historic property and each historic district designated by Tuscumbia shall be subject to the control of only one board. Each board created shall have all of the powers and authority set forth in this part with respect to the historic properties and historic districts with which it is concerned.
Ala. Code § 45-48-70.02 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.02
Section 45-48-70.02 Commission Chair
Status: in_force

The Chair of the Commission on Government and Finance of Marshall County shall serve as Chair of the Marshall County Commission and shall hold office until the first Monday after the second Tuesday in January 1979, and until his or her successor is elected and qualified, and shall receive for his or her services, payable out of the county treasury, the sum of six thousand six hundred dollars ($6,600) per year and an additional three thousand dollars ($3,000) per year for expenses. The commission chair shall have and exercise all of the powers, duties, limitations, and responsibilities, with relation to the commission as does the judge of probate with relation to the courts of county commissioners, under the general laws of this state, except in so far as such powers, duties, limitations, and responsibilities may be inconsistent with this subpart. The chair of the commission shall have a vote on all questions coming before the commission, shall be its presiding officer, shall sign the minutes of the proceedings of the commission, and shall have the same power and authority as the other members in passing on all questions before the commission. He or she shall sign and draw all warrants drawn on the county depositories, and all orders for the payment and disbursement of the funds of the county, and shall sign all contracts along with at least two other members entered into by the commission for and on behalf of the county. The chair shall prepare business and obtain information for the sessions of the commission, see that all orders thereof are properly issued, supervise the operation of the office, keeping of books and records, the keeping and recording of accurate minutes of each meeting of the commission, and shall have authority to employ such clerical help and assistants as may be necessary for the proper, efficient, and economical operation of the office of the commission.
Ala. Code § 45-2-244.180 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.180
Section 45-2-244.180 Definitions
Status: in_force

The following terms shall have the following meanings:

(1) BUSINESS. All activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit, or advantage, either direct or indirect to such person.

(2) COUNTY. Baldwin County, Alabama.

(3) EXEMPT ORGANIZATION. Any organization exempt from taxation under 26 U.S.C. §501, as in effect from time to time.

(4) GROSS PROCEEDS. The value proceeding or accruing from leasing or renting tangible personal property, without any deduction on account of the cost of the property so leased or rented, the cost of materials used, labor or service cost, interest paid, or any other expenses whatsoever, and without any deduction on account of loss and shall also include on the part of any person claiming an exemption under subdivision (4) of Section 45-2-244.182 an amount equal to the amount of rental paid on any tangible personal property acquired under such exception and thereafter diverted to the use of such person.

(5) LEASING or RENTING. A transaction whereunder the person who owns or controls the possession of tangible personal property permits another person to have the possession or use thereof for a consideration and for the duration of a definite or indefinite period of time without transfer of the title to such property. The detention by the user thereof of freight cars, oxygen and acetylene tanks, and similar property, in respect of which detention a demurrage or per diem charge is made against the user of such property, shall not be deemed to constitute a transaction whereunder property is leased or rented to another within the meaning of this subpart.

(6) PERSON. Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity, or any other group or combination of any thereof acting as a unit.

(7) TANGIBLE PERSONAL PROPERTY. Personal property which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. The term “tangible personal property” shall not include stocks, bonds, notes, insurance, or other contracts or securities.
Ala. Code § 45-28A-30 — Alabama Code / Title 45 / Chapter 28A / Section 45-28A-30
Section 45-28A-30 Board of Education - Established
Status: in_force

(a) There is hereby established a school board for the City of Attalla, Alabama, which board shall be called the Attalla Board of Education. The members of such board shall be elected by vote of the qualified electors of the City of Attalla, Alabama, as hereinafter provided. The board shall be composed of five members, with one member of such board being elected from each of five school districts as defined in subsection (b).

(b) The school districts from which such board members are to be elected shall be geographically identical to the districts from which the five council members of the City of Attalla are elected. In the event the boundaries of a city council district should be changed for any reason, the boundaries of the corresponding school board district within the City of Attalla shall automatically change accordingly without the necessity of further action by the Legislature.

(c) Candidates for each place on the city board of education shall be at least 21 years of age, residents of the school board district which they seek to represent on such board for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of conviction for any crime involving moral turpitude. At the time of qualifying, each candidate for each place on such board shall pay such qualifying fee as shall be prescribed by the City Council of Attalla, Alabama, not later than six months prior to the qualifying deadline as provided by law. Provided, however, that the qualification fee for the first elections to be held for the board created by this section shall be twenty-five dollars for each candidate.

(d) Elected school board members shall serve for staggered four-year terms. The initial election for city school board members shall be held in conjunction with the Attalla City Council election in 1992. The school board members elected from school board districts No. 2 and No. 4 at such election shall serve initial terms of two years. Board members elected from school board districts No. 1, No. 3, and No. 5 shall serve initial terms of four years. Initially elected board members shall serve from the date on which they are sworn into office until the swearing in of their successors next following the next regularly scheduled school board elections. Terms of office for the initially elected board members shall commence at noon on the first Monday of October 1992. Subsequent school board elections shall be called by the city in conformity with the applicable state laws for the elections. At its first meeting each October by majority vote, the board shall elect from its membership a chair and vice chair.

(e) In the event a vacancy occurs in the office of members of the city board of education, the vacancy shall be filled by appointment by a majority of the remaining members of the city board of education, and the appointee shall hold such board seat for the unexpired term. In the event the vacancy is not filled by the remaining members of the city board within 30 days, the State Superintendent of Education shall fill such vacancy by appointment. The city superintendent of education shall notify the State Superintendent of Education when a vacancy in the office of a member of the city board of education has not been filled within 30 days.

(f) In the event no candidate receives a majority of all of the votes cast for any one or more positions on such school board, the city council shall order a run-off election to be held separately or in conjunction with any scheduled primary, special, or general election, at which election the two candidates receiving the most votes for the office in the initial election shall be the only candidates. The candidate receiving the most votes in such run-off election shall be declared as elected. In the event of a tie vote between such run-off candidates, the then serving city council shall decide the election by majority vote at a special meeting called for such purpose by the council’s presiding officer.

(g) All members of the elected city school board created by this section shall represent the interests of any student of the city school system who is not otherwise represented by a certain district school board member as provided for in this section.

(h) The compensation for the members of the school board shall be three hundred dollars ($300) per month to be paid from city school system funds; however, the board may change this amount by majority vote thereof, which changes shall be made not later than six months prior to the deadline for qualification of candidates for seats on the board of education. Thereafter, compensation as set by the board, from time to time, shall be in effect for successor boards.

(i) Such board of education shall have the financial records of the Attalla School System audited at least annually by an independent auditing firm with the results of such audit being a matter of public record.

(j) The members of such board shall have such powers, authority, duties, and responsibilities as are otherwise provided by law for members of boards of education as set forth in Chapter 11 of Title 16.
Ala. Code § 45-47-250.01 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-250.01
Section 45-47-250.01 Legislative Intent
Status: in_force

This article is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the state and of the county with full and adequate powers to fulfill its functions. It is the further legislative intent that the Marion County Public Water Authority develop a master plan of operation for the water authority in consultation with all existing water authorities in and adjoining Marion County and any county or local governments for the purpose of bringing about industrial development and economic expansion in the county as well as ensuring the health and safety of all citizens.
Ala. Code § 45-42-121 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-121
Section 45-42-121 Hospital and Medical Insurance, Etc., for Retired County Employees
Status: in_force

The County Commission of Limestone County shall make provisions for health, hospitalization, surgical, and medical insurance for county employees retired under the Employees’ Retirement System of Alabama, and may pay all or any part of the cost thereof or the premiums thereon from any funds in the county treasury not otherwise appropriated.
Ala. Code § 45-28-234.14 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.14
Section 45-28-234.14 Rehearings
Status: in_force

The sheriff or the employee aggrieved by a decision of the board in the original hearing shall be entitled to rehearing of the issue before the board as provided herein. The aggrieved party shall make written request upon the board within five days of an adverse decision of the original hearing and the board, within 10 days of receipt of a request for rehearing, shall hold the rehearing in substantially the same manner as the original hearing to review its earlier decision. If, on rehearing, either party is aggrieved by the decision of the board, the party may appeal the decision to the Circuit Court of Etowah County within 30 days from the release of the decision by the board. The proceedings before the circuit court shall be without jury and shall be de novo.
Ala. Code § 45-50-242.01 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-242.01
Section 45-50-242.01 Duties of County Revenue Commissioner
Status: in_force

The county revenue commissioner shall do and perform all acts, duties, and functions required by law to be performed either by the tax assessor or by the tax collector of the county relative to the assessment of property for ad valorem taxation, the collection of the taxes, the keeping of records, and the making of reports concerning assessments for and the collection of taxes.
Ala. Code § 45-40-142.08 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-142.08
Section 45-40-142.08 Management and Accounting of Funds; Annual Financial Report
Status: in_force

(a) A fire district shall manage and account for its funds in compliance with all of the following:

(1) Section 45-40-142.07.

(2) The current Volunteer Fire Department Financial and Compliance Guidelines of the Department of Examiners of Public Accounts.

(3) The standards established by the county association pursuant to Section 45-40-142.01, which shall include the requirements contained in subsections (b) and (c).

(b) The fiscal year of a fire district shall start on October 1 and end the following September 30.

(c)(1)a. No later than December 1 of each year, a fire district shall file a financial report with the county commission which shall present for the previous fiscal year receipts and expenditures, uncommitted funds, and unspent funds that are obligated.

b. At least three directors of the county association shall audit the report required under paragraph a. for completeness, accuracy, and compliance with the requirements and guidelines under subsection (a).

c. The financial report and accompanying audit report to be signed by the auditors shall be posted on the website of the county commission for at least 60 days and conspicuously posted on at least four buildings within the fire district which are frequented by the public.

(2)a. If an election has been set on a proposed change to a fire service fee pursuant to Section 45-40-142.09, no more than 60 days nor less than 30 days before the election, the fire district shall submit to the county commission a balance sheet and a projected financial report for the current fiscal year, in the same format as required under paragraph (c)(1)a., which presents the financial condition of the fire district with and without the projected income from the proposed change.

b. The balance sheet and projected financial report may be audited as provided in paragraph (c)(1)b.

c. For at least 30 days before the election, the balance sheet, projected financial report, and any accompanying signed audit report shall be posted on the website of the county commission and conspicuously posted on at least four buildings within the fire district which are frequented by the public.
Ala. Code § 45-23A-91.15 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.15
Section 45-23A-91.15 Exemption from Usury and Interest Laws
Status: in_force

The authority shall be exempt from the laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, but without limitation to, Chapter 8 of Title 8, as it may at any time be amended.
Ala. Code § 45-57A-62.13 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-62.13
Section 45-57A-62.13 City Attorney Duties
Status: in_force

It shall be the duty of the city attorney, upon request, to give advice to the board in all matters pertaining to its duties and the management of the fund, and to represent or defend the board in all suits and actions at law or in equity. The board shall have the authority to employ other counsel as it may see fit and to pay to them reasonable fees out of the fund.
Ala. Code § 45-37-121.07 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.07
Section 45-37-121.07 Status of Employees
Status: in_force

In the event that it both happens (1) that a municipality or other appointing authority shall hereafter become subject to this section and (2) that at the time such municipality or other appointing authority becomes subject to this section it then has in its employ employees or appointees who would come within the classified service as defined in this section, the board in its discretion may extend or grant permanent status to any or all such employees or appointees. The board in its discretion may extend or grant permanent status to any or all employees or appointees employed or appointed by the county board of health or the board of registrars, municipality, or other appointing authority at the time this section becomes effective including appointees of employees who are absent by reason of military service of the United States. The personnel board shall also have the authority to take into account in determining the rights, privileges, benefits, and liabilities of employees or appointees of the appointing authorities the previous records of such employees and appointees in their employment by the respective employer. Whenever the appointment or employment of new or additional officers or employees of such counties, municipalities, or appointing authorities, therein, is hereafter authorized by law, such officers or employees shall be subject to the provisions hereof and included within the county and municipal civil service unless of a class excepted herein.
Ala. Code § 45-15-130.02 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-130.02
Section 45-15-130.02 Duties
Status: in_force

It shall be the duty of the county engineer to:

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

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

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

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

(5) Construct and maintain all county roads on the basis of the county as a unit to the extent it is feasible, without regard to any district or beat lines.
Ala. Code § 45-2-61.03 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-61.03
Section 45-2-61.03 Deaths to Be Investigated by the Baldwin County Coroner
Status: in_force

The county coroner may conduct a coroner’s investigation of any death in Baldwin County when the death shall fall within one or more of the following categories:

(1) Any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for significant heart, lung, or other disease;

(2) Any death suspected to be due to violence, or resulting from suicidal, accidental, or homicidal injury, regardless of when or where the injury occurred;

(3) Any death suspected to be due to alcohol, drugs, or exposure to toxic agents;

(4) Death due to poisoning;

(5) All deaths of persons in the custody of law enforcement officers, penal institutions, or state mental institutions;

(6) Deaths suspected to be involved with the decedent’s occupation;

(7) Death unattended by a physician;

(8) Any death due to neglect;

(9) Any stillbirth of 20 or more weeks’ gestation unattended by a physician;

(10) Deaths due to criminal abortion;

(11) Any death of an infant or child under 19 years of age where the medical history has not established some preexisting medical condition to clearly explain the death and the preterminal circumstances;

(12) Deaths which are possibly directly or indirectly attributable to environmental exposure not otherwise specified;

(13) Any death suspected to be due to infectious or contagious disease wherein the diagnosis and extent of the disease at the time are undetermined;

(14) Any death occurring under suspicious or unusual circumstances;

(15) When a body is to be cremated, dissected, or buried at sea; or

(16) When a body is brought into the country without proper medical certification.
Ala. Code § 45-41-83.06 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-83.06
Section 45-41-83.06 Additional Programs
Status: in_force

Creation of any additional alternative sentencing programs not specifically identified in subdivisions (1), (2), and (3) of Section 45-41-83.05 requires unanimous approval by the board.
Ala. Code § 45-27-230 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-230
Section 45-27-230 Compensation for Sheriff
Status: in_force

Upon the expiration of the current term of office, the Sheriff of Escambia County shall receive as his or her compensation, including base salary, the same amount of compensation received by the tax collector and tax assessor pursuant to Act No. 81-1168, H. 95, 1981 Third Special Session. The compensation shall be paid in equal monthly installments out of the general fund of the county. In addition, the sheriff shall receive the same cost-of-living increases afforded other county employees.
Ala. Code § 45-42-200.21 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-200.21
Section 45-42-200.21 Leger; Report
Status: in_force

The county license commissioner shall keep a ledger showing the amount of money collected each day for each service performed and such book shall be open at all times to inspection by the county commission. On or before the twentieth day of each month, the commissioner shall furnish the county commission a full report of all monies collected and the disposition thereof.
Ala. Code § 45-30-250.05 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-250.05
Section 45-30-250.05 Powers of Authority
Status: in_force

(a) The authority shall have the following corporate powers, and all incidental or necessary powers thereto, either separately or in combination with any other system, service, or facility referred to in this section:

(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 act, 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, or 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 contracts, agreements, leases, and other instruments and to take any other actions 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, 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 reasonable terms and for 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 that may be acquired by the authority. Any obligation that is assumed shall be payable by the authority out of the revenues derived from the operation of any water system of the authority, or out of the revenues from tax sources or fees earmarked and payable to the 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 article.

(11) To execute and deliver mortgages, deeds of trust, or trust indentures, or any combinations thereof.

(12) To exercise the power of eminent domain in the manner provided in and subject to Title 18, as amended. This subdivision shall not be deemed to authorize the authority to acquire, without the consent of the owner or owners thereof, any water supply or distribution system from which water service is at the time being furnished.

(13) To appoint, employ, contract with, and provide for the compensation of officers, employees, and agents, including, but not limited to, engineers, attorneys, management consultants, and fiscal advisers, as the business of the authority requires without regard to Sections 41-16-50 to 41-16-53, inclusive, that might otherwise be applicable.

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

(15) To provide for insurance the board deems advisable.

(16) To invest any funds of the authority that the board determines 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, interest-bearing bank deposits, or any combination 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 contract with one or more of them as the board deems advisable to accomplish the purposes for which the authority was established.

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

(19) To sell and convey, with or without valuable consideration, any of its water systems, or any portion thereof, 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 or portions thereof so conveyed. The property and income of any of those systems shall not be subject to taxation. The authority may sell or convey any property only if the conveyances would not constitute a breach of any then outstanding mortgage, 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 upon mutually agreeable terms and conditions.

(21) To fix and revise, from time to time, reasonable rates, fees, or other charges for water service furnished or to be furnished by any system, or portion thereof, owned and 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 public water authority projects.

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

(b) The bylaws of the authority shall include, without limitation, the foregoing statements of powers, purposes, and authorities in the document. The bylaws and 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 located outside the service area, except as an incident to the rendering of water service inside the service area.

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

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

(2) Provide for a discontinuance of service from any or all of its systems or 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.

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

(4) Require as a prerequisite to providing water service the making of a deposit as security for payment of bills. The authority shall not be obligated to pay or allow interest on any such deposit.
Ala. Code § 45-8-200.06 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-200.06
Section 45-8-200.06 License Issuance and Collections
Status: in_force

Before any person, firm, or corporation shall engage in or carry on any business or do any act in any county in which this part is applicable for which a license is required by law, he, she, they, or it, except as otherwise provided, shall pay to the commissioner of licenses the amount required for such licenses, and shall comply with all the requirements of this part. All such licenses as shown in Section 45-8-200.05, which are now or may hereafter be required by law to be issued, collected for and paid to the State of Alabama or the counties thereof in which this part is applicable shall be issued and collected for in accordance with law.
Ala. Code § 45-27A-31.17 — Alabama Code / Title 45 / Chapter 27A / Section 45-27A-31.17
Section 45-27A-31.17 Freedom of Authority from State Supervision and Control
Status: in_force

This part is intended to aid the state through the furtherance of the purposes of the part by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly 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 issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture, or the exercise of any other of its powers by the authority. Neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority.
Ala. Code § 45-52A-35.03 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-35.03
Section 45-52A-35.03 Municipal Utilities Board - Oath of Office
Status: in_force

Before entering upon the duties of his or her office, each member of the board shall take and subscribe the following oath: “I do solemnly swear that I will support the Constitution of the State of Alabama, the Constitution of the United States, and that I will faithfully, zealously, and impartially discharge the duties of the office upon which I am about to enter, without fear or favor, for the public welfare; so help me God.” The successors to the members of the board named in this part shall take and subscribe to the same oath.
Ala. Code § 45-38-141.14 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-141.14
Section 45-38-141.14 Dissolution of Authority
Status: in_force

At any time when no bonds or obligations theretofore assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of the resolution in the office of the judge of probate of the county, the authority shall thereupon stand dissolved and, in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to and be divided and apportioned among Lamar County and any other county or counties in which any part of the service area may be located, all in such manner and to such extent as may be provided in the authority’s certificate of incorporation, as amended. In the absence of a contrary provision in the certificate of incorporation, as amended, title to real estate and tangible personal property, other than cash, shall vest in the county in which the real estate or tangible personal property is located and the title to cash on hand and in banks, accounts receivable, choses in action, and other intangible property, other than intangible interest in land, shall vest in all of the counties in which any part of the service area lies. Each such county shall have title to the cash and intangible items as a tenant in common thereof, the fractional interest of each such tenant in common in the items being represented by a fraction the numerator of which is an amount equal to the gross revenues derived by the authority during its then next preceding complete fiscal year from service rendered in that part of its service area within that county and the denominator of which is an amount equal to the gross revenues derived by the authority during the same period from services rendered or otherwise in its entire service area.
Ala. Code § 45-4-60.07 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-60.07
Section 45-4-60.07 Autopsies or Postmortem Examinations
Status: reserved

Repealed Act 2015-321 effective June 3, 2015.
Ala. Code § 45-56-90.02 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-90.02
Section 45-56-90.02 Industrial Development Council; Additional Tobacco Tax
Status: in_force

(a) The council, as herein provided, may be financially supported, from time to time, by revenues from whatever source derived as appropriated to the council by a city governing body, the county commission, or the Legislature.

(b) After March 6, 2017, all funds previously distributed to the Randolph County Industrial Development Council established pursuant to Act 2001–425 (Acts 2001, p. 541) including, but not limited to, that portion of additional tobacco tax distributed to the council pursuant to Part 4, commencing with Section 45–56–243, of Article 24, shall be used to pay any indebtedness of the old council, and shall be distributed to the council as established by this article to be used for the purposes of this article.
Ala. Code § 45-35A-54.03 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-54.03
Section 45-35A-54.03 Municipal Officers; Powers; Laws, Ordinances, and Resolutions
Status: reserved

The members of the board of commissioners provided for by this part shall be municipal officers only, and shall have, possess, and exercise the municipal powers, legislative, executive, and judicial, now or hereafter conferred upon municipalities and the governing bodies thereof. All laws governing Dothan, and not inconsistent with this part, shall apply to and govern the city after it has become organized under the commission form of government provided for by this part. All laws, ordinances, and resolutions lawfully passed and in force in the city under its former organization not inconsistent with this part shall remain in force until altered or repealed, according to this part. All employees of each such city and all officials except those whose terms of office may be abolished by this part shall continue in office until otherwise provided by the board of commissioners. (Act 79-537, p. 959, §4.)
Ala. Code § 45-34-170 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-170
Section 45-34-170 Board of Health Fees
Status: in_force

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

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

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

(d) All fees collected pursuant to this section are hereby appropriated to the respective health department which collected such fees.
Ala. Code § 45-36A-105.04 — Alabama Code / Title 45 / Chapter 36A / Section 45-36A-105.04
Section 45-36A-105.04 Runoff Elections
Status: in_force

After June 1, 2025, if no candidate for mayor, member of the city council, or member of the city board of education receives a majority of votes cast in the regular municipal election, a second or runoff election shall be held on the fourth Tuesday following the regular election.
Ala. Code § 45-32-244.07 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-244.07
Section 45-32-244.07 Delinquency in Payment of Tax
Status: in_force

If any distributor, storer, or retail dealer in gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax imposed under this part, the tax shall be deemed delinquent within the meaning of this part and there shall be added to the amount of his or her tax a penalty of 25 percent; provided, if in the opinion of the county commission a good and sufficient cause or reason is shown for such delinquency, the penalty may be excused. The county commission shall be authorized and empowered to make returns for delinquent taxpayers upon such information as it may reasonably obtain and add to that the penalty as prescribed by this part. If any person shall be delinquent in the payment of any tax imposed pursuant to this part, the county commission shall issue execution for the collection of same, directed to the county sheriff, who shall proceed to collect the same in the manner now provided by law for the collection of delinquent taxes by the county tax collector and make return of such execution to the county commission. The tax herein authorized to be levied and the penalties herein provided for shall be held as a debt payable to the county by the person against whom the same shall have been imposed or against whom the penalties shall have accrued, and all such taxes and penalties shall be a lien upon the property in the county and elsewhere in this state of the person against whom the tax shall have been imposed and the penalties shall have accrued.
Ala. Code § 45-43-243 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-243
Section 45-43-243 Levy or Increase Authorized
Status: in_force

The County Commission of Lowndes County is hereby granted the power and authority by ordinance, to levy a separate, or increase an existing, county business or county privilege license; provided however that nothing in this section shall be construed to conflict with or repeal Section 40-21-64.
Ala. Code § 45-40-244.04 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-244.04
Section 45-40-244.04 Annual Report
Status: in_force

On or before 30 days after the end of the tax year, each person, corporation, partnership, firm, limited liability company, association, proprietorship, or other entity liable for the payment of a privilege tax as levied by this part shall make a return showing the gross proceeds of business done and compute the amount of tax chargeable against him, her, or it in accordance with this part and deduct the amount of monthly payments as herein provided, if any have been made, and transmit with this report a remittance in the form required by this part covering the residue of the tax chargeable against him, her, or it, to the agency, and such report shall be verified by oath.
Ala. Code § 45-52A-35.04 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-35.04
Section 45-52A-35.04 Municipal Utilities Board - Election of Members; Term of Office
Status: in_force

The members of the board shall serve staggered terms of nine years each. Each term shall begin on July 1, following the expiration of the term of the member whose term has expired and shall expire on June 30 of the year concluding the nine-year term. At a meeting of the governing body of the City of Decatur in March in each year that the term of a member of the board expires on June 30 next following, the governing body shall elect the successor of the member of the board whose term expires on June 30 next following and the person so elected shall become a member of the board on July 1 next following his or her election and shall hold the position for a period of nine years and until his or her successor is elected and qualified. A member of the board may succeed himself or herself if the governing body desires to reelect him or her. Whenever a vacancy occurs in the board by resignation, death, or some other cause, the governing body shall immediately fill the vacancy electing another person to the board, who shall serve for the remainder of the unexpired term of the member he or she succeeds. The terms of the present members of the board shall expire as follows: William E. Sexton’s term shall expire on June 30, 1984; Haskell J. Ross’ term shall expire on June 30, 1987, and Wilson Morgan’s term shall expire on June 30, 1990.
Ala. Code § 45-57-244.07 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-244.07
Section 45-57-244.07 Authorizing the Levy of the Sales and Use Tax
Status: in_force

Notwithstanding any other laws to the contrary, the sales and use taxes levied in certain areas of Russell County pursuant to this subpart, shall be levied in the county in the same manner as the state tax is levied on certain casual transactions pursuant to Article 3, commencing with Section 40–23–100, of Chapter 23 of Title 40. The taxes levied by this subpart on the casual transactions involving automotive vehicles shall be collected by the Motor Vehicle License Commissioner of the county.
Ala. Code § 45-23A-91.16 — Alabama Code / Title 45 / Chapter 23A / Section 45-23A-91.16
Section 45-23A-91.16 Exemption from Competitive Bid Laws
Status: in_force

(a) The authority and all contracts made by it shall be exempt from the laws of the State of Alabama requiring competitive bids for any contract to be entered into by municipalities or public corporations authorized by them, including, but without limitation to, Article 3 of Chapter 16 of Title 41, as it may at any time be amended.

(b) Provided, however, that the authority shall comply with the laws of the State of Alabama requiring competitive bids for any contract made by it to be paid for with tax revenues received from the city, any county, or the state or federal governments.
Ala. Code § 45-51-232.04 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-232.04
Section 45-51-232.04 Fundraising
Status: in_force

(a) In Montgomery County, the sheriff may conduct fundraising events including, but not limited to, rodeos and may use the proceeds and profits from the events for any lawful purpose relating to the operation of the office of sheriff.

(b) This section is remedial and curative and any actions taken by the sheriff in conformance with subsection (a) are ratified and confirmed.
Ala. Code § 45-15-240.02 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-240.02
Section 45-15-240.02 Deputies, Clerks, and Assistants
Status: in_force

Subject to the approval of the county commission, the county revenue commissioner shall appoint and fix the duties and compensation of a sufficient number of deputies, clerks, and assistants to perform properly the duties of office. The acts of deputies shall have the same force and legal effect as if performed by the county revenue commissioner.
Ala. Code § 45-32-246.02 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-246.02
Section 45-32-246.02 Imposition of Excise Tax
Status: in_force

(a) An excise tax may be imposed by the Greene County Commission on the storage, use, or other consumption in Greene County of tangible personal property purchased at retail on or after September 13, 1977, for storage, use, or other consumption in such county at the rate of one percent of the sales price of such property, except as otherwise provided as follows:

(b) An excise tax may be imposed by the Greene County Commission on the storage, use, or other consumption in Greene County of any automotive vehicle, truck trailer, semi-trailer, or house trailer, purchased at retail on or after September 13, 1977 for storage, use, or other consumption in Greene County, at the rate of three-eighths of one percent of the sales price of such automotive vehicle, truck trailer, semi-trailer, or house trailer.

(c) Every person, storing, using, or otherwise consuming in Greene County any tangible personal property purchased at retail shall be liable for the tax imposed by subsection (a) or (b), and the liability shall not be extinguished until the tax has been paid; provided, however, that a receipt from a retailer maintaining a place of business in the county showing the payment of the tax shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.
Ala. Code § 45-26-81.40 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-81.40
Section 45-26-81.40 License Division Created
Status: in_force

THIS SECTION WAS AMENDED AND RENUMBERED BY ACT 2020-37 and 38 IN THE 2020 REGULAR SESSION, EFFECTIVE JULY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. IT IS NOW SECTION 45-26-242.20.
Ala. Code § 45-15-130.10 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-130.10
Section 45-15-130.10 Inspection and Approval of Materials, Supplies, Etc., Prior to Payment
Status: in_force

It shall be the further duty of the county engineer to inspect and approve on delivery all materials, machinery, equipment, and supplies, purchased by the county for the use on public roads, bridges, and ferries prior to payment. Any deviation from this policy shall be reported by the engineer to the county commission.
Ala. Code § 45-51A-31.31 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-31.31
Section 45-51A-31.31 Payment of Assessments
Status: in_force

(a) Each assessment shall constitute a lien on the property assessed in the amount of the assessment with respect to that parcel of land, as provided in the assessment, foreclosable as provided in this subpart. The assessment shall be payable either within 30 days after the assessment or over such term as may be determined by the board. If the assessment is to be paid over a term, the assessment shall accrue interest and be payable periodically, monthly, quarterly, semiannually, annually, or as otherwise provided by the board, with interest at a rate as may be considered reasonable by the board. In particular, the assessment may bear interest at the same rate or yield borne by the bonds issued to obtain funds to acquire, construct, or install the improvements, but interest may be at a higher rate in the discretion of the board. Once the amount of an assessment allocated with respect to a tract is paid in full, with all interest and penalties and costs of collection, if any, such tract shall be released from the lien of the assessment.

(b) The proceedings by which an assessment is levied may provide for an increased interest rate with respect to any interest accruing on any payment after the due date thereof.

(c) In its proceedings, the board may specify that assessments may be prepaid at any time or circumstance. The board may specify that assessments be prepaid upon the sale of the tract of land, or a portion thereof, being assessed. If the obligation to pay is accelerated, the assessment shall include all principal of the assessment then unpaid, plus interest until the next date provided for the payment of principal on any bonds secured by a pledge of the assessments, unless otherwise provided in the proceedings pursuant to which the bonds are issued.

(d) Unless otherwise provided in the proceedings of the board with respect to the assessment, any assessment may be voluntarily prepaid by the owner of the land assessed. In that case, the amount prepaid shall be applied first to interest until the first following date on which principal may be paid under the bond, and then to principal. However, if provided in the proceedings of the board with respect to the assessment, prepayments, whether voluntary or mandatory, the amount prepaid may be applied only to interest accrued to the date of the prepayment, and then to principal.

(e) Alternatively, the proceedings of the board with respect to the assessment may provide that prepayment shall be applied first to accrued interest, and then to the difference between: (1) interest that will accrue from the date of prepayment until the next principal payment on the bonds, and (2) the rate of interest at which the principal paid may be invested by the board to earn interest from the date of prepayment until the principal payment date, with any remaining balance to be applied to principal.

(f) The proceedings of the board with respect to the assessment may provide that any mandatory prepayment may be waived by the board on the terms as may be provided in a proceeding.

(g) If bonds are issued with respect to the assessment, the assessments shall either (1) total the principal amount of the bonds to be issued with respect to the assessments or (2) total such principal amount multiplied by a coverage ratio (e.g., 1.2 to 1) providing debt service coverage for the bonds in the ratio desired by the board.
Ala. Code § 45-57-150.16 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-150.16
Section 45-57-150.16 Penalties
Status: in_force

Any other law providing a penalty or disability on a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo, who permits bingo to be conducted on his or her premises, or who does other acts in connection with bingo, shall not apply to the conduct when done pursuant to this article or rules adopted under this article.
Ala. Code § 45-52-161.01 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-161.01
Section 45-52-161.01 Distribution of Tva Payments
Status: in_force

From and after May 22, 2009, the commission, not later than 10 days after receipt thereof by it, shall allocate, distribute, and pay each TVA payment as hereinafter provided.
Ala. Code § 45-17A-80.14 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-80.14
Section 45-17A-80.14 Continuation of Prior Commissions or Boards
Status: in_force

No provision of this part shall be construed to require the dissolution of any historic development commission or architectural review board created by an ordinance enacted pursuant to prior laws. Any historic development commission or architectural review board created by an ordinance existing pursuant to prior laws and existing at the time of the enactment of this part shall continue in existence and shall have all of the purposes, powers, and authority set out in the ordinances creating such commissions and boards. Any such commission or board shall also have the power set forth in this part, if so provided by ordinance enacted by the governing body creating the historic development commission or architectural review board.
Ala. Code § 45-29-81 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-81
Section 45-29-81 Public Defender Fund
Status: in_force

(a) There is established in the Twenty-fourth Judicial Circuit a public defender fund for the payment of salaries and operating expenses of the indigent defense system within the Twenty-fourth Judicial Circuit to be administered in accordance with Article 1, commencing with Section 15-12-1, of Title 15. Upon May 4, 1982, the governing body of each county composing the circuit may establish a public defender fund to be administered by the clerk of the county commission of that respective county to receive and disburse funds paid therein in accordance with this section.

(b) In order to provide funds for the indigent defense system within the Twenty-fourth Judicial Circuit, the following docket fees shall be collected by the circuit court clerk in each county in addition to the docket fees that are presently provided by law and when collected by the clerk of the court shall be paid into the public defender fund. The additional docket fees shall be collected as follows:

(1) Circuit court:

a. Civil cases………………………..…………………….. $5.00

b. Felony criminal cases………..……………………….. $10.00

c. Misdemeanor criminal cases…………………………... $5.00

(2) District court:

a. Civil cases (other than small claims)…………………... $5.00

b. Traffic infraction (except parking)………………….…. $2.50

c. Misdemeanor. ……………………………………….…. $5.00

d. Felony guilty plea…………………………..……….… $10.00

e. Preliminary hearing ………………………..……….… $10.00

f. Juvenile……………………………………......…….…. $5.00

(c) All sums herein provided to be paid to the public defender fund may be kept in a separate account and may be expended for purposes set forth in this section. The Public Defender Commission shall submit an annual budget to the commissioner’s court clerk and warrants shall be issued in accordance therewith. Extraordinary expenses or expenditures may be made upon approval of the presiding circuit judge.

(d) At the end of each year, the Public Defender Commission may determine if there is a surplus within the public defender fund and if the commission may make that determination they may authorize the expenditure of such surplus funds in any other area of judicial operation.
Ala. Code § 45-37A-56.28 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-56.28
Section 45-37A-56.28 Officers of the Authority
Status: in_force

The officers of the authority shall consist of a chair of the board, a vice chair of the board, a secretary of the authority, a treasurer of the authority, and such other officers as the board deems necessary to accomplish the purposes for which the authority is organized. The chair and vice chair of the board shall be elected by the board from its membership, but the secretary, treasurer, and other officers need not be members of the board. The secretary of the authority shall also be secretary of the board. The offices of secretary and treasurer may, but need not be, held by the same person. The chair, vice chair, and secretary shall be elected by the board for a term of one year, and the treasurer and the other officers of the authority shall be elected by the board for such term as it deems advisable. Subject to the provisions of its certificate of incorporation, the authority shall be empowered to employ all personnel as it deems necessary and to fix the terms and conditions of their employment. The duties of the chair, vice chair, secretary, and treasurer shall be such as are customarily performed by such officers and as may be prescribed by the board. The duties of any other officer of the authority shall be such as are from time to time prescribed by the board.
Ala. Code § 45-8A-23.128 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.128
Section 45-8A-23.128 Date of Final Adoption; Failure to Adopt
Status: in_force

The budget shall be finally adopted not later than the twenty-seventh day of November of each year. Should the council take no final action on or prior to such day, the budget proposal, as submitted, shall be deemed to have been finally adopted as the budget by the council.
Ala. Code § 45-45-200.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-200.01
Section 45-45-200.01 Special Issuance Fee
Status: in_force

(a)(1) In Madison County, the county commission is authorized to impose, by resolution of the commission, a special issuance fee not to exceed seventy-five cents ($.75) to be collected by the license director on each motor vehicle registration, boat renewal or registration, manufactured home registration, business license application, or other instrument registered or application applied for in the office of the license director. The special issuance fee shall be in addition to all other fees, taxes, and other charges provided by law. All special issuance fees collected pursuant to this section shall be deposited by the license director in any depository in the county designated by the county governing body.

(2) The fee authorized by this section shall be set by the Madison County Commission, by resolution of the commission, adopted at a regularly scheduled meeting.

(b) The issuance fees collected pursuant to this section shall be expended at the discretion of the license director for the preservation and storage of motor vehicle registrations, boat registrations, and business licenses as prescribed by the Department of Examiners of Public Accounts and for the purchase, installation, improvement, development, and maintenance of a computerized system for issuing registrations and any other instruments in the office of License Director of Madison County. No funds from the fees may be used for automobile purchases or leases.

(c) The license director may retain all or parts of motor vehicle records, boat records, manufactured home records, or business license records utilizing disks, or other acceptable methods for record storage, or any combination thereof, or may continue to use microfilm to retain records in the county. Records retained by microfilm or disks shall constitute official records of the license director. All funds collected for copies and certifications from the records shall be paid to the county general fund.

(d) This section is cumulative. This section shall not alter or change an existing law relating to charges and fees collected by the License Director of Madison County.
Ala. Code § 45-52-250 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-250
Section 45-52-250 Morgan County Tennessee River Preservation Act
Status: in_force

(a) This section shall be known as the Morgan County Tennessee River Preservation Act.

(b) The Legislature finds the following:

(1) It is in the best interest of the State of Alabama and the people of Morgan County to protect the Tennessee River and its watershed to promote the beneficial purposes of maintaining a clean drinking water supply, hydroelectric power generation, navigation, industry, agriculture, environmental quality, and recreation.

(2) The Tennessee River has been identified by the people of Alabama and the nation as a unique resource lying in seven states and by Congress through the establishment of a special authority known as the Tennessee Valley Authority (TVA) for the promotion of the best interests of the Tennessee Valley.

(3) That it is in the best interest of the people of the State of Alabama and Morgan County to protect and preserve the Tennessee River as set forth in this section in the absence of statewide legislation and that this section shall remain in effect until statewide legislation addressing interbasin transfers of water becomes effective.

(c) For the purposes of this section, the term Tennessee River Basin means the entire topographic extent of the watershed of the Tennessee River and all of its tributaries.

(d)(1) In Morgan County, no water may be withdrawn from the Tennessee River Basin for transfer to any other river basin outside of the Tennessee River Basin in an amount greater than the amount being withdrawn on April 26, 2006.

(2) For the purpose of this section, the amount of the existing transfer of water from the Tennessee River is 150 percent of the average daily amount calculated for the highest continuous 90-day period from January 1, 2000, until April 26, 2006.

(3) Notwithstanding the foregoing, this section shall not affect any water providers in Cullman County, Alabama, so long as such providers do not expand their geographic territory or wholesale customers beyond the area they serve on April 26, 2006. Provided, however, that nothing in this section shall be construed to authorize the issuance of a permit by the Alabama Department of Environmental Management, the Tennessee Valley Authority, or any other state or federal authority, and nothing herein shall be considered to authorize the construction of any new pipeline to carry water from the Tennessee River to Cullman County.

(4) Notwithstanding any provision of this section to the contrary, this section shall not apply to the water transfer agreement to transfer water from the Northeast Morgan County Water Authority to the Blount County Water Authority approved prior to April 5, 2006, regardless as to whether the water is actually being withdrawn on April 26, 2006, provided that the water withdrawn does not exceed six million gallons of water per day and so long as the authority does not expand its geographic territory or wholesale customers beyond the area it serves on April 26, 2006. Provided, however, that nothing in this section shall be construed to authorize the issuance of a permit by the Alabama Department of Environmental Management, the Tennessee Valley Authority, or any other state or federal authority, and nothing herein shall be considered to authorize the construction of any new pipeline to carry water from the Tennessee River to Blount County.
Ala. Code § 45-52-180 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-180
Section 45-52-180 Adoption and Publication of Certain Motor Vehicle Weights and Limits; Violations
Status: in_force

(a) Pursuant to Section 32-9-20, the governing body of Morgan County, by resolution, may authorize limitations and weights which are of smaller dimensions than those prescribed by Chapter 9 of Title 20 for trucks and other motor vehicles operating upon county roads.

(b) Any weights or limits adopted pursuant to subsection (a) shall be published in a newspaper having countywide circulation once a week for four successive weeks and a certified copy of the adopted weights or limits shall be prominently displayed in the county courthouse. The newspaper publication shall appear annually, and at any other time the weights or limits are changed. Any change in the limits or weights shall also be displayed in the courthouse as above provided.

(c) The publication and posting of weights and limits as provided in subsection (b) shall be deemed adequate and proper notice for purposes of arrest and conviction of offenders. The penalty for violations shall be as prescribed by the general laws of the state.
Ala. Code § 45-28-50.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-50.01
Section 45-28-50.01 Office Abolished
Status: in_force

In Etowah County, effective at the end of the current term or upon the occurrence of a vacancy for any reason in the office of constable in any election precinct, the office of constable as provided for in Chapter 23 of Title 36 is abolished.
Ala. Code § 45-39-40.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-40.01
Section 45-39-40.01 Applicability; Purpose; Construction
Status: in_force

This article is applicable only in Lauderdale County. It is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for county administrative control, supervision, and regulation, including certain registration and licensing, of the practice of barbering, teaching of barbering, barbers, barber instructors, barber students, barber apprentices, barbershops, and barber schools. Barbering is declared to affect the public interest, and this article shall be liberally construed so as to accomplish the foregoing purpose.
Ala. Code § 45-37-121.21 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.21
Section 45-37-121.21 Certification of Payrolls
Status: in_force

It shall be unlawful for the fiscal officer of either a county or any municipality affected by this part to draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other disbursing officer of either the municipality or the county for the payment of or for the treasurer or other disbursing officer to pay any salary or compensation to anyone holding any position subject to this part unless the estimate, payroll, warrant, or account for such salary or compensation containing the name of the person to be paid shall bear the certification of the director of personnel, that the person or persons named in the estimate, payroll, warrant, or account are holding hereunder and are legally entitled to receive the sums stated therein. Any sum paid contrary to this part or of any rule, regulation, or order thereunder may be recovered, in an action maintained in the name of the county or municipality by the county or city attorney, or by any citizen or taxpayer of the county or municipality from any officer who made, approved, or authorized such payment or who signed or counter-signed a voucher, payroll, check, or warrant for such payment, or from the sureties on the official bond of any such officer. All moneys recovered in any such action shall be paid into the treasury from which payment was made. The county or city attorney or any citizen or taxpayer of the county or municipality may likewise maintain a suit to restrain a disbursing officer from making any payment in contravention of this part or any rule, regulation, or order thereunder. Any person appointed or employed in contravention of this part or of any rule, regulation, or order thereunder who performs service for which he or she is not paid, may maintain an action against the officer or officers who purported so to appoint or employ him or her to recover the agreed pay for such services, or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the county or municipality at any time for any sum paid to such person on account of such services. If the director wrongfully withholds certification of the payroll voucher or account of any employee, such employee may institute a proceeding to compel the director to certify such payroll voucher or account. A 30-day month shall be used for the purpose of calculating the pay of employees compensated on a monthly basis. In order to prevent evasions of the purpose of this part, the board may require that payrolls for the payment of persons in the unclassified service, except officials exempted from this part, be submitted for certification in the same manner as herein provided for payrolls covering employees holding positions in the classified service. It shall be unlawful for any person to make or authorize a payment of such payroll after notice by the board that such certification shall be required.
Ala. Code § 45-36-252.14 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-252.14
Section 45-36-252.14 Validity of Certificate of Incorporation
Status: in_force

In all cases where there is an attempt to incorporate a public corporation under this part, and a certificate of incorporation with respect to such corporation has been filed in the office of the judge of probate of the county in which such corporation was sought to be incorporated, but the attempted incorporation is invalid because of some irregularity in the procedure followed, the attempted incorporation of such public corporation with respect to which such a certificate of incorporation has been filed shall be and hereby is validated ab initio, notwithstanding any irregularity in the procedure for incorporation of such corporation, including, without limiting the generality of the foregoing:

(1) The failure of the judge of probate in whose office such certificate of incorporation was filed to examine such certificate of incorporation or to enter an appropriate order with respect thereto.

(2) The inclusion in the certificate of incorporation of any matter not authorized to be included therein or contrary to the statutory requirements with respect to such corporation.
Ala. Code § 45-37A-52.98 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-52.98
Section 45-37A-52.98 Departmental Divisions
Status: in_force

The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the mayor. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the mayor among specific divisions thereof, the mayor may establish temporary divisions.
Ala. Code § 45-11-231.11 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-231.11
Section 45-11-231.11 Political Activities
Status: in_force

Each employee may exercise his or her right as a citizen to express his or her opinion and to cast his or her vote. No employee shall receive any appointment or advancement as a reward for his or her support of a candidate for office of 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.
Ala. Code § 45-41A-10.19 — Alabama Code / Title 45 / Chapter 41A / Section 45-41A-10.19
Section 45-41A-10.19 Dissolution of Corporation
Status: in_force

At any time when the authority has no bonds or other obligations outstanding, its board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon filing for record of a certified copy of the resolution in the office of the Judge of Probate of Lee County, the authority shall thereupon stand dissolved and in the event it owned any property at the time of its dissolution, the title to all its properties shall thereupon pass to the city.
Ala. Code § 45-30-82 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-82
Section 45-30-82 Compensation; Expense Allowance
Status: in_force

(a) In Franklin County, the judge of probate shall receive as compensation a salary in an amount equal to that received by the circuit judge, which shall be payable in equal monthly installments by proper warrant drawn on the general fund of the county.

(b) Any compensation or expense allowance allowed by law to be paid to the officer in his or her capacity as chair of the county commission shall continue to be paid the officer.
Ala. Code § 45-3-82.40 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-82.40
Section 45-3-82.40 Established; Discretionary Powers; Supervision and Control
Status: in_force

(a) The District Attorney of the Third Judicial Circuit of Alabama may establish a pretrial diversion program.

(b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Third Judicial Circuit shall be retained.

(c) The pretrial diversion program shall be under the direct supervision and control of the district attorney and the district attorney may contract with any agency, person, or corporation for services related to this subpart. The district attorney may employ necessary persons to accomplish this subpart and these persons shall serve at the pleasure of the district attorney.
Ala. Code § 45-1-81.38 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-81.38
Section 45-1-81.38 Transaction Fee - Certain Transactions
Status: in_force

Effective September 1, 2003, a special transaction fee of two dollars ($2) shall be paid to and collected by the judge of probate on any transaction, at the discretion of the judge of probate, occurring in, or under the jurisdiction of the judge of probate with the exception of drivers’ licenses and motor vehicle registration. This amount shall be in addition to all other costs and fees heretofore collected. Any, all, or none of the special transaction fees collected shall be paid into the special fund of the judge of probate created in Section 45-1-81.36.
Ala. Code § 45-53-240.25 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-240.25
Section 45-53-240.25 Vehicle Information Required for Assessment
Status: in_force

Before any motor vehicle is assessed, the tax assessor shall be furnished the current tag number on the motor vehicle unless the motor vehicle is new, in which case, the tax assessor shall be furnished a bona fide bill of sale from the dealer showing the date the vehicle was bought new. In the case of a used motor vehicle brought into the state from a state that provides that upon sale or transfer of the motor vehicle the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the tax assessor shall be furnished a bona fide certificate of title properly assigned which shows when the motor vehicle was sold to an individual, firm, corporation, or association, living or operating in this state. If the tax number, bill of sale, or certificate of title is not furnished, the motor vehicle shall be presumed to have been in the state the entire year for which taxes are being assessed. A used motor vehicle brought into the state during any tax year or any new motor vehicle for which a motor vehicle license has not been issued that was sold from the stock of a dealer during the tax year, is subject to taxation as if it had been held or owned in the state on the first day of October.
Ala. Code § 45-8A-23.213 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.213
Section 45-8A-23.213 Duty of the Council After Submission of the Proposed Division
Status: in_force

Within 30 days after the submission by the manager of his or her proposed division the council may approve this proposed division by ordinance or resolution. Upon such approval the division as proposed shall be adopted and the wards of the city shall for the purpose of each subsequent election of councilmen be as described in the proposed division submitted by the manager.
Ala. Code § 45-44-200 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-200
Section 45-44-200 Business Licenses
Status: in_force

The Macon County Commission may set the fees for the issuance of business licenses in the same manner as fees for business licenses are set in any municipality in the county. Macon County may not levy any privilege or license tax that is levied by Article 2, commencing with Section 40-21-50, of Chapter 21 of Title 40. Any additional fees set pursuant to this section shall be collected by the Macon County Commission and deposited in the county general fund.
Ala. Code § 45-16A-40.05 — Alabama Code / Title 45 / Chapter 16A / Section 45-16A-40.05
Section 45-16A-40.05 Order of Court; Appeal
Status: in_force

(a) Following an adjudicative hearing, the municipal court shall issue an order stating the following:

(1) Whether the person charged with the civil violation is liable for the violation and, if so;

(2) The amount of the civil fine assessed against the person, along with the fees and costs of court provided for in this subpart.

(b) The orders issued under this section may be filed in the Office of the Judge of Probate of Coffee County and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein.

(c) A person who is found liable after an adjudicative hearing may appeal that finding of civil liability to the Circuit Court of Coffee County by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed not later than the 14th day after the date on which the municipal court judge entered the finding of civil liability. The filing of a notice of appeal shall stay the enforcement of the civil fine penalty. An appeal shall be determined by the circuit court by trial de novo.
Ala. Code § 45-37-162.02 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-162.02
Section 45-37-162.02 Notice and Hearing
Status: in_force

(a) The county may not issue debt unless it gives notice of the proposed debt issuance as provided in subsection (b) and a hearing is held as provided in Section 45–37–162.03. The county may not enter into a swap agreement unless notice of the proposed swap agreement is given as provided in subsection (d), a hearing is held as provided in Section 45–37–162.03, and competitive bids for the swap agreement are requested as provided in Section 45–37–162.04.

(b) The county shall provide notice of a public hearing on the proposed issuance of debt. The notice shall be published in a newspaper of general circulation in the county not less than four days before the public hearing and shall include a brief description of all of the following information with respect to the proposed debt:

(1) The maximum principal amount of debt to be issued and the purpose or purposes for which the debt is to be issued.

(2) The interest rate or rates on the debt, if established as of the date of the notice, or, if not established as of such date, the terms and procedures by which the interest rates shall be established.

(3) The expected final maturity of the debt.

(4) The expected source of payment of the debt.

(5) Any security expected to be provided for repayment of the debt.

(6) If the debt will be sold in a negotiated sale or through a bidding process, the manner in which the debt is expected to be sold.

(7) If the debt will be sold through a bidding process, a brief description of the expected terms and procedures for bidding and award.

(8) If the debt will not be sold through a bidding process, the reasons why the county determined that a negotiated sale was desirable.

(9) If the debt will be sold to an underwriter or group of underwriters in connection with a public offering of the debt, the expected identity of each underwriter.

(10) If the debt will be purchased by one or more banks or other lenders in a direct placement of the debt, the expected identity of each purchaser of the debt and each placement agent.

(11) A description of any credit enhancement expected to be provided as security for the debt.

(12) The expected sources and uses of funds for the purposes of the issuance of the debt.

(13) A list of each person who is expected to be paid, directly or indirectly, for services rendered in connection with the issuance of the debt, and an estimate of the expected purpose and amount of each such payment.

(14) If a preliminary official statement is being prepared in connection with the issuance of the debt, the place or places where a member of the public may obtain a copy of the preliminary official statement. The copy may be posted on a website maintained by the county or the public filing system maintained by the Municipal Securities Rulemaking Board.

(c) If information required by subsection (b) is included in a preliminary official statement being made available to potential investors and the preliminary official statement will be available not less than three days before the public hearing, the notice may adopt by reference information included in the preliminary official statement.

(d) The county shall provide notice of a public hearing with respect to any proposed swap agreement. The notice shall be published in a newspaper of general circulation in the county not less than four days before the public hearing and shall include a brief description of all of the following information with respect to the proposed swap agreement:

(1) The maximum notional amount of the swap agreement and the purpose or purposes for which the swap agreement is expected to be entered into.

(2) The expected terms of payment by the county and its counter party.

(3) The expected termination date and other termination provisions of the swap agreement.

(4) The expected source of payment by the county.

(5) Any security expected to be provided by the county for its payment obligation under the swap agreement.

(6) A brief description of the terms and procedures expected to be used for bidding and award of a swap agreement.

(7) A description of any credit enhancement or other agreements expected to be provided as security for the obligations of the county or its counter party.

(8) The expected sources and uses of funds for the swap agreement transaction.

(9) The name of each person who is expected to be paid, directly or indirectly, for services rendered in connection with the swap agreement, and an estimate of the expected purpose and amount of each such payment.

(e) If information required by subsection (d) is included in a preliminary official statement being made available to potential investors in debt related to the swap agreement and the preliminary official statement will be available not less than three days before the public hearing, the notice may adopt by reference information included in the preliminary official statement.
Ala. Code § 45-5-160 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-160
Section 45-5-160 Reimbursement for Monetary Loss from Errors or Mistakes Made in Good Faith; Voiding of Licenses Based on Worthless or Forged Instruments
Status: in_force

(a) The Blount County Commission shall reimburse the offices of judge of probate, revenue commissioner, and sheriff from the general fund in the amount of any monetary loss, not to exceed two thousand five hundred dollars ($2,500) per year for each officer, arising or caused without the personal knowledge of the officer, including loss arising from acceptance of worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent.

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

(c) This section shall not apply to any deliberate misuse or misappropriation of funds by the respective official or by any clerk or employee of his or her office.

(d) In a case where worthless or forged checks, drafts, money orders, or other written orders for money or its equivalent given for a license or in payment for any transaction to the judge of probate, revenue commissioner, or sheriff is found to be noncollectible for any reason, the judge of probate, revenue commissioner, or sheriff shall make a reasonable attempt to retrieve the license in question. In the event that the license cannot be retrieved or a transaction has been recorded in the records, the judge of probate, revenue commissioner, or sheriff shall so state and that statement shall constitute authorization to void any license in question or to reverse or cancel any other transaction. Once the license has been voided or a transaction has been reversed or canceled, the judge of probate, revenue commissioner, or sheriff, if applicable, shall receive credit for the cost of the license, taxes, and all other fees from the appropriate agencies. If applicable, the appropriate state office shall mark the records pertaining to the license void or shall mark the transaction reversed or canceled. In the event of any inquiry by any law enforcement agency concerning any license, the official shall notify the agency that the party in question is operating under a void license. All violations shall be prosecuted in accordance with current law.
Ala. Code § 45-18-120.05 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-120.05
Section 45-18-120.05 Merit System Board - Compensation
Status: in_force

Each member of the merit system board shall be paid a salary to be set by the Conecuh County Commission.
Ala. Code § 45-49-84 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-84
Section 45-49-84 Establishment and Maintenance; Library Fee; Law Library Fund
Status: in_force

(a) The County Commission of Mobile County is authorized to establish and maintain a public law library in the county and, to accomplish that purpose, may, from time to time, expend public funds of the county, as are not required by law to be expended for any other purpose or purposes; to provide suitable housing quarters, furniture, fixtures, and equipment therefor; to keep the same in a good state of maintenance and repair; and, from time to time, to enlarge, expand, and improve the library, facilities, and equipment; and, from time to time, to provide books, reports, and periodicals for the library as are not provided for out of the proceeds of the special fund created by this section or otherwise; and to pay the salaries of a librarian and other personnel as may be necessary and proper to operate the same, to the extent that such salaries are not paid out of the proceeds of the special fund; which expenditures, from time to time, shall be made on warrants drawn in the usual manner, upon the county treasurer, payable out of the appropriate fund or funds.

(b) For the support and maintenance of the public law library, a library fee of two dollars ($2) shall be paid in all causes and cases of whatever nature in the district and circuit courts of Mobile County, to be collected as other court costs are collected and paid at the same time as docket or filing fees are paid. The library fees shall be paid in all proceedings wherein a docket or filing fee is paid.

(c) The sums herein provided to be paid to the Treasurer of Mobile County, shall be kept by him or her in a separate fund designated as Mobile County Law Library Fund and shall be expended by the presiding judge of the Circuit Court of Mobile County, for maintaining the law library. The presiding judge shall draw warrants on the treasurer for expenditures by him or her indicating on the warrants the funds against which the warrants are drawn. The fund shall be used primarily to purchase books and periodicals, and to pay the salaries of personnel, as may in the opinion of the presiding judge be advisable, but to the extent not so used the funds may be otherwise expended for the maintenance of the library. The management of the law library is vested in the presiding judge and all books or other property purchased with the funds produced by this section shall be the property of Mobile County. The judge may from time to time sell or exchange any books, reports, periodicals, and personal property, and apply the proceeds of the sale thereof, or the value thereof, upon the purchase of other books, reports, periodicals, and personal property for use in the library, and the judge may accept any gift or loan of any books, reports, periodicals, and property for public use in the library upon such terms and conditions as may be stipulated by the donor or lender thereof and as may be agreeable to the judge. The presiding judge may appoint such personnel as may be necessary or proper to operate the library and, to the extent that circumstances permit, may designate the circuit clerk, or one or more deputy circuit clerks, to operate the same or to assist therein.

(d) The items of cost above referred to shall be designated in the respective courts as law library fee and when any part of the costs in a case or proceeding shall have been paid, the amount necessary for the payment of the fee shall be applied thereto before applying any of the amount paid as costs to any other item of cost. On or before the 10th day of each month, the clerk of the respective courts shall pay to the county treasurer the amounts collected for the law library fees previous to the first day of the month.
Ala. Code § 45-2-81.50 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-81.50
Section 45-2-81.50 Violations; Waiver
Status: in_force

(a) If the offender violates the conditions of the Pre-Trial Intervention Program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the Pre-Trial Intervention Program.

(b) The district attorney may waive a violation for good cause shown why the offender should stay in the Pre-Trial Intervention Program.
Ala. Code § 45-46-242.04 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-242.04
Section 45-46-242.04 Collections and Enforcement
Status: in_force

The tax levied pursuant to this subpart shall constitute a debt due the county. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The department shall collect the tax, enforce this subpart, and have and exercise all rights and remedies that the state or the department has for collection of the state sales and use tax. The department may employ special counsel as is necessary to enforce collection of the tax levied pursuant to this subpart and to enforce this subpart. The department shall pay the special counsel any fees it deems necessary and proper from the proceeds of the tax collected by it for the county.
Ala. Code § 45-52A-32.01 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-32.01
Section 45-52A-32.01 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

The City of Decatur may provide each city police officer who retires in good standing with his or her badge and pistol as a part of the retirement of the police officer, which shall be in addition to any other retirement benefit provided by law.
Ala. Code § 45-37A-240.21 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-240.21
Section 45-37A-240.21 Definitions
Status: in_force

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

(1) APPLICATION FEE. A one-time administrative fee imposed by the City of Hoover as a condition precedent to participation in a pretrial diversion program.

(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting cases in the City of Hoover Municipal Court or any legal staff employed by the city prosecutor.

(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1.

(4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State of Alabama or elsewhere.

(5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the City of Hoover duly appointed by the city council in accordance with Section 12-14-30, or a special judge appointed by the Mayor of the City of Hoover in accordance with Section 12-14-34.

(6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic offense, as defined by this code, which was allegedly committed in the corporate limits or police jurisdiction of the City of Hoover.

(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition by the city or by a designated agency of certain conditions of behavior and conduct for a specified period of time upon an offender which allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should all of the conditions be met during the time frame set by the city’s municipal court judge.

(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2.

(9) SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision of treatment of the offender.
Ala. Code § 45-54-242.03 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-242.03
Section 45-54-242.03 Payment and Collection of Taxes; Reports; Warrant; Charge for Collection
Status: in_force

(a) The taxes levied by this subpart shall be collected by the Department of Revenue, at the same time and along with the collection by that department of taxes levied and collected for the State of Alabama under Act 100, approved August 18, 1959, and Article 11 of Chapter 20, Title 51, Code of Alabama 1940, and all acts amendatory thereof or supplementary thereto. All reports now required to be made to the Commissioner of Revenue hereunder, on request made to the Department of Revenue, shall be made available for inspection by the Pickens County Commission or its designated agent, at reasonable times during business hours. The Department of Revenue shall prepare and distribute the reports, forms, and other information as may be necessary for the collection of the county taxes levied by this subpart, and shall have all the authority and duties in connection with the taxes as are now given by law to the Department of Revenue or the Commissioner of Revenue in connection with the collection of the state sales and use taxes provided for by Act 100, approved August 18, 1959, and Article 11, of Chapter 20, Title 51, Code of Alabama 1940, and all acts amendatory thereof or supplementary thereto. It shall be the duty of the Commissioner of Revenue to pay into the State Treasury all taxes collected under this subpart. On or before the tenth day of the following month, the commissioner shall certify to the Comptroller the amount of special taxes collected under this subpart for public purposes in Pickens County during the calendar month immediately preceding the month of making the certificate, whereupon it shall be the duty of the Comptroller to issue his or her warrant or warrants on the State Treasury, payable as follows:

(1) To the Pickens County Hospital Association in an amount equal to the amount so certified by the Commissioner of Revenue as having been collected for public purposes in Pickens County and paid into the State Treasury during the preceding month so as to provide that Pickens County Hospital Association shall receive all of the special taxes in any fiscal year of the state until it shall have received the sum of one hundred twenty thousand dollars ($120,000), which shall be dedicated for public health purposes. (2) To the Pickens County Hospital Association in an amount equal to one-half the balance, if any, of the amount so certified to the Commissioner of Revenue as having been collected for public purposes in Pickens County and paid into the State Treasury during the preceding month remaining after any payment to the Pickens County Hospital Association made pursuant to subdivision (1), which shall be dedicated for public health purposes. (3) To the Pickens County Commission, to be deposited in the county general fund, in an amount equal to one-half the balance, if any, of the amount so certified to the Commissioner of Revenue as having been collected for public purposes in Pickens County and paid into the State Treasury during the preceding month remaining after any payment to the Pickens County Hospital Association made pursuant to subdivision (1). Notwithstanding any other provisions of this subpart, any amounts on hand for public health purposes after May 1, 1995, may be expended for public purposes by the county commission.

(2) To the Pickens County Hospital Association in an amount equal to one-half the balance, if any, of the amount so certified to the Commissioner of Revenue as having been collected for public purposes in Pickens County and paid into the State Treasury during the preceding month remaining after any payment to the Pickens County Hospital Association made pursuant to subdivision (1), which shall be dedicated for public health purposes.

(3) To the Pickens County Commission, to be deposited in the county general fund, in an amount equal to one-half the balance, if any, of the amount so certified to the Commissioner of Revenue as having been collected for public purposes in Pickens County and paid into the State Treasury during the preceding month remaining after any payment to the Pickens County Hospital Association made pursuant to subdivision (1). Notwithstanding any other provisions of this subpart, any amounts on hand for public health purposes after May 1, 1995, may be expended for public purposes by the county commission.

(4) It is the intention hereof that the Comptroller shall pay to Pickens County Hospital Association, during any fiscal year of the state, the first one hundred twenty thousand dollars ($120,000) of the amount so certified by the Commissioner of Revenue and shall pay one-half of the balance, if any, to both the Pickens County Hospital Association and the Pickens County Commission of all amounts so certified by the Commissioner of Revenue in excess of one hundred twenty thousand dollars ($120,000) during any fiscal year of the state.

(b) The Department of Revenue shall charge Pickens County for collecting the special taxes levied by this subpart the amount of percentage of total collections as may be agreed upon by the Commissioner of Revenue and the Pickens County Commission, but the charge, in any event, shall not exceed 10 percent of the total amount of special county taxes collected hereunder within the county. The charge for collecting the special taxes shall be deducted once each month from the special sales and special use taxes collected before certifying the amount of special sales and special use taxes to be paid to the Pickens County Hospital Association or the Pickens County Commission, as the case may be, for that month.
Ala. Code § 45-4-245 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-245
Section 45-4-245 Collection and Enforcement; Disposition of Funds
Status: in_force

(a) The Bibb County Commission is hereby authorized to impose upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in Bibb County a county privilege, license, or excise tax up to the following amounts:

(1) Four cents ($0.04) for each package of cigarettes, made of tobacco or any substitute therefor.

(2) Four cents ($0.04) for each cigar of any description made of tobacco or any substitute therefor.

(3) Four cents ($0.04) for each sack, can, package, or other container of smoking tobacco, including granulated, plug cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which is prepared in such manner as to be suitable for smoking in a pipe or cigarette.

(4) Four cents ($0.04) for each sack, plug, package, or other container of chewing tobacco, which tobacco is prepared in such manner as to be suitable for chewing only and not suitable for smoking as described in subsection (c) of this section.

(5) Four cents ($0.04) for each can, bottle, glass, tumbler, package, or other container of snuff made of tobacco or any substitute therefor.

The privilege, license, or excise tax shall be in addition to all other taxes heretofore imposed by law.

Provided, however, when the license tax hereby required to be paid shall have been paid by a wholesaler or seller of cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, such payment shall be sufficient, the intent being that such license tax hereby required to be paid shall be paid but once on each package of cigarettes and on each cigar.

(b) Upon adoption by the Bibb County Commission, every person, firm, corporation, club, or association that sells or stores or receives for the purpose of distribution in Bibb County any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products shall add the amount of the license or privilege tax levied and assessed herein to the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, who sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, smoking tobacco, and the tobacco products, on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products. It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Bibb County in the business for which the tax is hereby levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on account of the tax herein provided or to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption of the tax or any portion thereof. Any person, firm, corporation, club, or association violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars ($100) or imprisoned in the county jail for not more than 60 days, or by both such fine and imprisonment. Each act in violation of this section shall constitute a separate offense.

(c) The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 through Section 40-25-28. The State Department of Revenue shall have the same duties relative to the preparation and sale of stamps to evidence the payment of such tax that it has relative to the preparation and sale of stamps under those sections and may exercise the same powers and perform the same duties in the same manner relative to the collection of the tax hereby levied that it does relative to the collection of that tax.

(d) The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this section. All such rules and regulations duly promulgated shall have the force and effect of law.

(e) All laws, and 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 through Section 40-25-28, requiring reports from dealers and prescribing penalties for violations shall apply with equal force to the tax levied by this section as fully as if set out herein.

(f) The proceeds from the tax hereby authorized, less the actual costs of collection not to exceed five per centum shall be paid by the State Department of Revenue into the county general fund of Bibb County to be expended at the discretion of the county commission.

(g)(1) None of the provisions of this section shall be applied in such manner as to be in violation of the commerce or other clauses of the federal or state constitution.

(2) This statute shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of resale or reshipment outside of such counties which are actually resold or reshipped.
Ala. Code § 45-2-234.40 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-234.40
Section 45-2-234.40 Receipt of Badge and Firearm
Status: in_force

Any individual employed by the Baldwin County Sheriff’s office as a law enforcement officer, including the sheriff, for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, a retired badge, a retired commission card, and a firearm, provided the firearm is furnished by the department.
Ala. Code § 45-48-85 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-85
Section 45-48-85 Renewal of Business License by Mail
Status: in_force

The Judge of Probate of Marshall County is hereby authorized to renew Alabama business licenses by mail. The judge of probate shall mail notices during the month of September of each year stating the amount of the license if purchased by mail. In addition to all other sums collected, the judge of probate may charge a fee of up to two dollars ($2) for all business licenses that are issued by mail. These fees shall be deposited into a special fund kept by the judge of probate and expended for the general operations of the probate office.
Ala. Code § 45-41-140.04 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-140.04
Section 45-41-140.04 Removal of Financial Charge
Status: in_force

The County Commission of Lee County is authorized to remove the financial charge after the county commission has determined that the financial charge is no longer needed. The county commission shall hold public hearings to determine whether or not the financial charge is still needed. Procedures for the public hearings shall be the same as those in Section 45-41-140.02
Ala. Code § 45-2-261.65 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-261.65
Section 45-2-261.65 Relation to Subpart 1
Status: in_force

This subpart shall repeal and supersede Act 91-719, as amended, to the extent of any conflict herein and as expressly provided herein related only to the Twenty-fifth Zoning District established under Act 91-719 and as referred in this act as the Fort Morgan Zoning District.
Ala. Code § 45-39-230.01 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-230.01
Section 45-39-230.01 Applicability
Status: in_force

This part shall apply to all regularly employed deputies of the sheriff, except the chief deputy who shall not be subject to the provisions herein. Provided, however, any deputy sheriff who is promoted to the position of chief deputy shall be entitled to the right of reemployment as a deputy upon completion of his or her term as chief deputy.
Ala. Code § 45-26A-31 — Alabama Code / Title 45 / Chapter 26A / Section 45-26A-31
Section 45-26A-31 Regulation of Sale and Consumption of Alcoholic Beverages on Sunday
Status: in_force

(a) This section shall apply only within the corporate limits of the City of Millbrook in Elmore and Autauga Counties.

(b) The City Council of the City of Millbrook, by resolution, may regulate and permit the sale for on premises consumption only of alcoholic beverages on Sunday after 12:00 p.m. upon the licensed premises of retail licensees of the Alcoholic Beverage Control Board of the State of Alabama and of the City of Millbrook serving the general public including, but not limited to, hotels and conference centers and golf courses located within the corporate limits of the city. Any licensee granted authority to sell alcoholic beverages on Sunday pursuant to this section shall be required to have all servers of alcoholic beverages complete responsible vendor training in the manner provided by the Alcoholic Beverage Control Board.

(c) The City Council of the City of Millbrook, by resolution, may authorize the sale and distribution of draft beer by retail licensees of the Alcoholic Beverage Control Board. Notwithstanding the foregoing, keg beer may not be sold for off-premises consumption.

(d) This section is cumulative and supplemental to the present power and authority of the City of Millbrook, and is not intended to, nor shall it be interpreted, to repeal any existing power or authority of the city now permitted under the general laws of the state or under any local or special act of the Legislature.
Ala. Code § 45-9-245.20 — Alabama Code / Title 45 / Chapter 9 / Section 45-9-245.20
Section 45-9-245.20 Levy and Rates of Tax; Exemptions
Status: in_force

(a) The County Commission of Chambers County, in addition to all other taxes presently levied, may levy the following additional sales and use taxes not to exceed the lowest municipal rates collected in the City of LaFayette, City of Lanett, or City of Valley:

(1) AGRICULTURAL MACHINERY SALES AND USE TAX. A sales and use tax of two percent.

(2) AUTOMOTIVE VEHICLE SALES AND USE TAX. A sales and use tax rate of two percent.

(3) GENERAL SALES AND USE TAX. A sales and use tax rate that is equal to the lowest municipal rate collected respectively in the City of LaFayette, the City of Lanett, or the City of Valley on and after April 28, 2016.

(4) MANUFACTURING MACHINE SALES AND USE TAX. A sales and use tax rate of two percent.

(b)(1) Except as herein provided, the rates provided in subsection (a) shall apply only in the areas in the county outside the corporate limits of Lanett, Valley, LaFayette, Waverly, and Five Points as those corporate limits were determined on April 14, 2006.

(2) These rates shall also apply to the area of the county which constitutes the police jurisdiction for a municipality located outside the county provided the municipality has a sales and use tax in effect in the police jurisdiction in the county as of April 14, 2006.

(3) The additional sales and use tax rates in the county outside the corporate limits of Lanett, Valley, LaFayette, Waverly, and Five Points as determined on April 14, 2006, but within the respective police jurisdiction of Lanett, Valley, LaFayette, Waverly, and Five Points shall be only one-half the corresponding municipal rates of the municipality having jurisdiction.

(c) The gross receipts of any business and the gross proceeds of all sales, which are presently exempt under the state sales and use tax statutes, are exempt from the tax authorized by this section.
Ala. Code § 45-33-70 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-70
Section 45-33-70 Expense Allowance
Status: in_force

Each member of the Hale County Commission shall receive an expense allowance in the amount necessary to bring the total annual compensation, including salary and expense allowances, to the amount of fourteen thousand six hundred dollars ($14,600). This expense allowance shall be payable out of the General Fund of Hale County. Beginning with the next term of office, in lieu of current salary and expense allowances, the compensation of each member of the Hale County Commission shall be as provided by state law.
Ala. Code § 45-20A-10.06 — Alabama Code / Title 45 / Chapter 20A / Section 45-20A-10.06
Section 45-20A-10.06 Board of Education - Compensation
Status: in_force

Members of the board of education shall not be compensated for their service on the board.
Ala. Code § 45-43-230.01 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-230.01
Section 45-43-230.01 Ratification and Confirmation of Certain Prior Compensation
Status: in_force

In Lowndes County, any cost-of-living increases, merit raises, one-time pay increases, or any other increases in compensation granted or paid to the sheriff prior to February 28, 2018, are ratified and confirmed without regard as to whether the compensation was correctly calculated or paid. These payments shall continue to be paid to the sheriff as an expense allowance until the end of the current term of office of the sheriff. Effective beginning the next term of office, the expense allowance shall be null and void and shall be converted to salary. The compensation and expense allowance provided by this section shall be in addition to any compensation or expense allowances provided by law.
Ala. Code § 45-44-242.06 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-242.06
Section 45-44-242.06 Violations
Status: in_force

If any distributor, retail dealer, or storer of gasoline or motor fuel fails to make the reports, fails to comply with any regulation adopted for the collection of the tax by the county commission within the time required for making the reports, or fails to pay the tax imposed within the time established for the payment, the distributor, retail dealer, or storer shall be guilty of a Class C misdemeanor, and, upon conviction thereof, shall be punished as provided by law.
Ala. Code § 45-1-234 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-234
Section 45-1-234 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

(a) Any individual employed by the Autauga County Sheriff’s office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, a retired badge, a retired commission card, and a pistol, provided the pistol is furnished by the department.

(b) The provisions of this section are retroactive to January 15, 1991.
Ala. Code § 45-34-81 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-81
Section 45-34-81 Additional Costs in Certain Cases; Jail Fund
Status: in_force

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

(b) In addition to any and all court costs now or hereafter authorized to be collected, there shall be assessed an additional court cost of twenty-five dollars ($25) in all civil cases filed in the circuit court and in the district court of the county excluding cases filed in small claims court. There shall also be an additional court cost of twenty-five dollars ($25) assessed in all criminal and quasi-criminal cases brought in the district or circuit courts of Henry County.

(c) Additional court costs assessed pursuant to this section shall be collected by the court clerks and distributed to the county for deposit in a special county fund designated as the Jail Fund. All monies paid into the Jail Fund shall be expended by the county exclusively for the payment of the cost of construction, financing, planning, equipping, and operating a new county jail.
Ala. Code § 45-49-249.33 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-249.33
Section 45-49-249.33 Application of State Provisions
Status: in_force

All laws, rules, and regulations of the State 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 subpart as provided for herein.
Ala. Code § 45-57A-63.85 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.85
Section 45-57A-63.85 Further Consideration of Budget Proposal
Status: in_force

After the conclusion of the public hearing the council may insert new items or may increase or decrease the items of the budget proposal, except items in proposed expenditures, fixed by law or prescribed by subdivisions (1) to (9), inclusive, of Section 45–57A–63.103. The council may not vary the titles, descriptions, or conditions of administration specified in the budget proposal. Before inserting any new item or increasing or decreasing any item of appropriation, the council shall cause to be published, in the manner provided in Section 45–57A–63.83, a notice setting forth the nature and amount of the proposed increases or decreases and fixing a place and date, not less than five days after publication, at which the council shall hold a public hearing thereon. The public hearing shall be held at 7:00 p.m. on the date specified in the notice, or at any night to which the public hearing shall from time to time be adjourned.
Ala. Code § 45-36-252 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-252
Section 45-36-252 Definitions
Status: in_force

When used in this part, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(1) AUTHORITY. The Jackson County Water Authority, a public corporation organized pursuant to this part.

(2) BOARD. The Board of Directors of the Jackson County Water Authority.

(3) BONDS. Bonds, notes, and certificates representing an obligation to pay money.

(4) COUNTY. Jackson County.

(5) DIRECTOR. A member of the Board of Directors of the Jackson County Water Authority.

(6) GARBAGE PICK UP AND DISPOSAL. All services involved in the pick up and disposal of garbage from residents, businesses, and factories.

(7) INCORPORATORS. The persons forming a public corporation organized pursuant to this part.

(8) MUNICIPALITY. An incorporated city or town of Jackson County.

(9) NEW TERRITORY. Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water, garbage, or sewer service.

(10) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality.

(11) PROPERTY. Real and personal property and interests therein.

(12) PUBLIC WATER SYSTEM. A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest.

(13) SERVICE AREA. The geographic area or areas in which the authority is authorized by its certificate of incorporation or any amendment thereto to render water, sewer, or garbage service shall be any area within the county in which such service is not provided by another public authority.

(14) SEWER SERVICE. The construction, operation, and maintenance of sewer disposal facilities and lines in areas of the county not served by any other public sewer facility.

(15) STATE. The State of Alabama.

(16) WATER SERVICE. The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system.

(17) WATER SYSTEM. Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service.
Ala. Code § 45-14-180 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-180
Section 45-14-180 Limitations on Political Signs, Advertisements, Etc
Status: in_force

(a) Signs, markers, and advertising, pertaining to political campaigns, on the rights-of-way of state and county controlled highways are prohibited in Clay County except those official signs or markers placed thereon by the State Department of Transportation or by Clay County or under the authority of either governmental entity. No sign, marker, or political poster may be attached to any official sign or marker placed by the Department of Transportation or by the county or on any utility pole or tree on the rights-of-way of a state or county highway.

(b) Any person violating the provisions of this section shall upon conviction be guilty of a Class C misdemeanor and shall be subject, at the discretion of the judge, to a fine in an amount of, not less than, fifty dollars ($50) nor more than two hundred fifty dollars ($250) and/or up to five days of community service. Any fines collected under the provisions of this section shall be deposited into the county general fund.
Ala. Code § 45-51-241.02 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-241.02
Section 45-51-241.02 Transfer of Duties
Status: in_force

All duties, responsibilities, and liabilities regarding motor vehicle and non-motorized vehicle assessment and ad valorem tax collection heretofore performed by the revenue commissioner shall be transferred to and shall be performed by the judge of probate.
Ala. Code § 45-20-82.65 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-82.65
Section 45-20-82.65 Collection of Fees; Disposition of Funds
Status: in_force

After a matter has been transferred to the district attorney under Section 45-20-82.63, a court shall assess a collection fee of 30 percent of the funds due which shall be added to the amount of funds due. Any amount collected pursuant to this subpart shall be distributed as follows:

(1) Sixty-five percent of the collection fee shall be distributed to the county District Attorney Fund to be expended for lawful purposes for the operation of the office of the district attorney. Funds provided to the district attorney by this subpart shall not reduce the amount payable to the district attorney under any local law or general law or reduce or affect the amounts of funding of the budget allocated by law. The funds shall be audited as all other state funds are audited.

(2) Ten percent of the collection fee shall be distributed to the Covington County General Fund to be used by and solely for law enforcement purposes in the office of the sheriff.

(3) Twenty-five percent of the collection fee shall be distributed to the Circuit Clerk’s Fund which shall be kept and maintained by the circuit clerk in a separate account to be used for the operation of the office of the clerk to include, but not be limited to, equipment purchases, education, and other office-related expenses including personnel. Funds retained by the circuit clerk shall not reduce the amount payable to the circuit clerk under any local law or general law or reduce or affect the amounts of funding of the budget of the circuit clerk allocated by the Administrative Office of Courts. The funds shall be audited as all other state funds are audited. All fees, fines, penalties, charges, court costs, and bail bond forfeitures other than the collection fee shall be disbursed as provided by law on a monthly basis.

(4) This subpart shall not affect the right of the office of the district attorney to proceed with the prosecution of any violation as currently provided by law.
Ala. Code § 45-51A-31.23 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-31.23
Section 45-51A-31.23 Board of Directors; Election, Terms, Eligibility
Status: in_force

(a) The authority shall be governed by a board of directors. All powers of the authority shall be exercised by the board or pursuant to its authorization. The board shall consist of up to 24 directors who shall be designated as hereinafter provided.

(b) The members of the board shall be each city council member, the mayor of the city, each county commission member whose district includes the I-65 corridor area, the chair of the county commission, and each legislator whose legislative district includes any part of the I-65 corridor area, and who is a qualified elector of Montgomery County, shall serve as a director.

(c) The terms of each member of the board of directors shall be for the respective term that each such member is elected to serve as a city council member, county commission member, mayor of the city, chair of the county commission, or state Legislature.

(d) Initially, the directors shall be the city council members elected to serve Districts 4, 5, 6, 7, and 8. The mayor of the city, county commission members in Districts 1, 2, and 4, the chair of the county commission, and state legislators from Districts 73, 74, 75, 76, 77, and 78 and Senate Districts 25 and 26, as established as of May 22, 2009. The members of the board who are city council members or the mayor the city, shall be classified as Class A directors. The members of the board who are county commission members, including the chair of the county commission, shall be classified as Class B directors. The members of the board who are state legislators shall be classified as Class C directors. Each class of directors shall have the same powers and duties, except that only Class C directors shall be responsible for approval or disapproval of any proposed alteration in the boundaries of the I-65 corridor geographic area. Any alteration in the boundaries of the I-65 corridor area as approved by the Class C directors must be approved in accordance with the procedures set forth in Section 45-51A-31.22. Further-more, the Class A and B directors shall constitute an independent subcommittee, which shall be responsible for examining and identifying the areas within the I-65 corridor geographic area in serious need and the specific problems of the areas determined to be priority areas.

(e) If at the expiration of any term of office of any director, a successor thereto shall not have been appointed, then the director whose term of office shall have expired shall continue to hold office until his or her successor shall be so elected or appointed. If a city council member, county commission member, state legislative member, the mayor, or the chair of the county commission shall be serving as a director, their term shall expire as of the date they are no longer elected to represent such district or office, or no longer hold such office or position due to resignation, removal, or impeachment. If at any time there should be a vacancy on the board, a successor director, which shall be such person elected or succeeding the respective public office which the previous member of the board held, to serve for the remaining term applicable to such public office. Each director must be a duly qualified elector of the city or county. Each director, to the extent approved in writing by the board of directors prior to such expenditure, shall be reimbursed for expenses actually incurred by him or her in and about the performance of his or her duties. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided in Section 175 of the Constitution of Alabama of 1901 and the general laws of the state for impeachment and removal of the officers mentioned in Section 175.
Ala. Code § 45-47-250 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-250
Section 45-47-250 Definitions
Status: in_force

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

(1) AUTHORITY. The Marion County Public Water Authority, a public corporation organized pursuant to this article.

(2) BOARD. The Board of Directors of the Marion County Public Water Authority.

(3) BONDS. Bonds, notes, and certificates representing an obligation to pay money.

(4) CONCISE LEGAL DESCRIPTION. A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing.

(5) COUNTY. Marion County.

(6) DIRECTOR. A member of the Board of Directors of the Marion County Public Water Authority.

(7) FIRE PROTECTION SERVICE. All services involved in protecting property and life from fires including, but not limited to, discovering, ascertaining, extinguishing, preventing the spread of or fighting fires, or inspecting property for fire hazards, or any part or combination thereof. The supplying of water for use in the rendition of fire protection service and the installation and maintenance of fire hydrants shall be deemed to constitute fire protection service.

(8) INCORPORATORS. The persons forming a public corporation organized pursuant to this article.

(9) MUNICIPALITY. An incorporated city or town of Marion County.

(10) NEW TERRITORY. Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water service, fire protection service, or any thereof.

(11) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality.

(12) PROPERTY. Real and personal property and interests therein.

(13) PUBLIC WATER SYSTEM. A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest.

(14) SERVICE AREA. The geographic area or areas in which the authority is authorized by its certificate of incorporation, or any amendment thereto, to render water and fire protection service, or any thereof, which area may include not only territory located outside the boundaries of any municipality but also territory located within the boundaries of one or more municipalities.

(15) STATE. The State of Alabama.

(16) WATER SERVICE. The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system.

(17) WATER SYSTEM. Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service.
Ala. Code § 45-37-123.151 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.151
Section 45-37-123.151 Benefit Enhancements
Status: in_force

(a) Specifically, but not in limitation of the pension board’s authority to amend the plan as set forth in Section 45-37-123.150, the pension board may amend the plan to increase or enhance member benefits by cost-of-living increase, lump sum payment, or in any other form or manner as the pension board may prescribe, provided that such benefit increases or enhancements have been:

(1) Certified in a written opinion by a competent actuary that the trust fund and the anticipated receipts and liabilities are sufficient to pay for the increase or enhancement; and

(2) Set forth in written rules and regulations adopted by the pension board.

(b) In no event shall a member be entitled to any benefit increase or enhancement, including any cost-of-living increase.
Ala. Code § 45-42-242.01 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-242.01
Section 45-42-242.01 Tax to Be Added to Sales Price of Tobacco Products
Status: in_force

Upon adoption of a resolution by the Limestone County Commission, every person, firm, corporation, club, or association that sells, stores, or receives for the purpose in Limestone County any cigarettes, cigars, snuff, smoking tobacco, and like tobacco products shall add the amount of the license or privilege tax levied and assessed herein to the price of the cigarettes, cigars, snuff, smoking tobacco products, it being the purpose and intent of this provision that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association, who sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, acting merely as agent for the collection of the tax. The dealer, storer, or distributor shall state the amount of the tax separately from the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products, on all price display signs, sales or delivery slips, bills, and statements which advertise or indicate the price of the cigarettes, cigars, snuff, smoking tobacco, and like tobacco products.
Ala. Code § 45-48A-11.01 — Alabama Code / Title 45 / Chapter 48A / Section 45-48A-11.01
Section 45-48A-11.01 Authorization to Increase Ad Valorem School Tax
Status: in_force

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

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

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

(3) CITY. Albertville, Alabama.

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

(5) COUNCIL. Albertville City Council.

(6) SPECIAL TAX. The special ad valorem tax for public school purposes authorized in Amendment 56 and pursuant to an election held in the city on April 26, 1955, and levied and collected on taxable property in the city; being originally voted at the rate of 7.5 mills on taxable property in the city.

(b) The city presently levies and collects the special tax at a rate of seventy-five cents ($0.75) on each one hundred dollars ($100) (7.5 mills on each dollar) of assessed value pursuant to Amendment 56. Pursuant to a resolution adopted by the council in accordance with Amendment 373, the city proposes to increase (by 6 mills) the rate at which it may levy and collect the special tax to a maximum rate, for any tax year, which is equal to one dollar thirty-five cents ($1.35) on each one hundred dollars ($100) (13.5 mills on each dollar) of assessed value.

(c) Pursuant to subsection (f) of Amendment 373 and a resolution adopted by the council after a public hearing, the council may increase the rate at which the city levies and collects the special tax to a maximum rate, for any tax year, which is equal to one dollar thirty-five cents ($1.35) on each one hundred dollars ($100) (13.5 mills on each dollar) of assessed value.

(d) The increase in the rate at which the special tax may be levied and collected pursuant to this section is subject to the approval of a majority of the qualified electors residing in the city who vote on the proposed increase at a special election called and held for such purpose pursuant to subsection (f) of Amendment 373, the proceeds referable to the increase to be used solely for public school capital outlay purposes.
Ala. Code § 45-19-235 — Alabama Code / Title 45 / Chapter 19 / Section 45-19-235
Section 45-19-235 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

(a) Any individual employed by the Coosa County Sheriff’s office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, a retired badge, a retired commission card, and a pistol, provided the pistol is furnished by the department.

(b) The provisions of the section may be applied retroactively to any officer who retired on or after January 14, 2002.
Ala. Code § 45-22-234 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-234
Section 45-22-234 Receipt of Badge, Pistol, Etc., Upon Retirement
Status: in_force

(a) Any individual employed by the Cullman County Sheriff’s Office as a law enforcement officer for a period of 10 years or more who retires from the department in good standing may receive from the sheriff, without cost, a retired badge, a retired commission card, and any weapons furnished by the department.

(b) This section shall have retroactive effect to January 1, 1999 .
Ala. Code § 45-4-180 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-180
Section 45-4-180 Enforcement of Traffic and Motor Vehicle Laws
Status: in_force

The Bibb County Commission may expend funds from the Public Highway and Traffic Fund to enforce state traffic and motor vehicle laws.
Ala. Code § 45-57-83 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-83
Section 45-57-83 Payments to Judge of Probate
Status: in_force

(a) Any payments made to any judge of probate including, but not limited to, any payments pursuant to a mistaken interpretation of Section 12–13–20, are validated, ratified, and confirmed.

(b) The operation of this section shall be retroactive to October 1, 1990.

(c) The judge of probate serving on May 20, 2001, shall be entitled to continue receiving compensation at the rate in effect on that date until the expiration of his or her term.
Ala. Code § 45-22A-21 — Alabama Code / Title 45 / Chapter 22A / Section 45-22A-21
Section 45-22A-21 Board of Education
Status: in_force

(a) There is established a school board for the City of Cullman, Alabama, which board shall be called “The Cullman City Board of Education.” The board shall be composed of five members elected from the city at-large by the qualified electors of the City of Cullman. Places on the board shall be numbered one to five, inclusive.

(b) Each candidate for a place on the city board of education shall be at least 21 years of age, a resident of the city for at least 90 consecutive days immediately preceding the deadline date for qualifying as a candidate, and shall not have a record of conviction for any crime involving moral turpitude. The qualification fee for the first election to be held for the board created by this section shall be twenty-five dollars ($25) for each candidate. Thereafter, each candidate shall pay a qualifying fee prescribed by the Cullman City Council not later than six months prior to the qualifying deadline as provided by law.

(c)(l) The initial election for the city school board members shall be held in conjunction with the first Cullman City Council election held after the ratification of an amendment to the Constitution of Alabama of 1901, authorizing the election of the Cullman City Board of Education. The last two Cullman City Board of Education members appointed before June 26, 1995, shall continue to hold office and shall represent Places Four and Five. At the initial election, the members representing Places One, Two, and Three shall be elected for four-year terms; two years after the first election, the members representing Places Four and Five shall be elected for four-year terms. After initial terms, all members shall be elected for four-year terms. Subsequent school board elections shall be called by the city in conformity with the applicable state laws for the elections. Board members shall serve from the date on which they are sworn into office until the swearing in of their successors following the next regularly scheduled school board elections. Terms of office for the initially elected board members shall commence at noon on the first day of the month following their election. At its initial meeting, to be held within 15 days after the election is certified, the board shall elect a chair from its membership by majority vote. Thereafter, every two years immediately following the swearing in of elected board members, the board shall elect its chair.

(2) The Cullman City Council may, by written resolution, enact all or any of the following provisions for a special election for the Cullman City Board of Education:

a. Call a special election for the Cullman City Board of Education at any time more than 90 days after June 26, 1995.

b. Call for the election of all five members of the Cullman City Board of Education.

c. In the event the Cullman City Council calls for a special election for the Cullman City Board of Education prior to the 1996 city elections, any board members elected shall serve from the date they are sworn into office until the swearing in of their successors after the city election in the year 2000. Any member elected in the city election of the year 2000, or thereafter, shall be elected for four-year terms.

d. In the event the Cullman City Council calls for a special election under this section, the City of Cullman shall pay all costs associated with the election.

(d) A vacancy in the city board of education shall be filled by appointment by a majority of the remaining members of the city board of education for the unexpired term. In the event the vacancy is not filled by the remaining members of the city board within 30 days, the State Superintendent of Education shall fill the vacancy by appointment. The city superintendent of education shall notify the State Superintendent of Education when a vacancy on the city board of education has not been filled within 30 days.

(e) In the event no candidate receives a majority of all of the votes cast for anyone or more positions on the school board, the city council shall order a run-off election to be held separately or in conjunction with any scheduled primary, special, or general election, at which election the two candidates receiving the most votes for the office in the initial election shall be the only candidates. The candidate receiving the most votes in the run-off election shall be declared as elected. In the event of a tie vote between the run-off candidates, the city council shall decide the election by majority vote at a special meeting called for the purpose by the council’s presiding officer.

(f) The compensation for the members of the school board shall be three hundred dollars ($300) per month to be paid from city school system funds. The board may change this amount by majority vote thereof, which changes shall be made not later than six months prior to the deadline for qualification of candidates for seats on the board of education. Thereafter, the compensation as set by the board from time to time shall be in effect for successor boards.

(g) The board of education shall have the financial records of the Cullman School System audited at least annually by an independent auditing firm with the results of the audit being a matter of public record.

(h) The members of the board shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of boards of education as set forth in Chapter 11, Title 16.
Ala. Code § 45-36-180.11 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-180.11
Section 45-36-180.11 Surety Bond
Status: in_force

Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of twenty-five thousand dollars ($25,000) payable to the county, conditioned for the faithful discharge and performance of his or her duties as such engineer, and for the faithful accounting of all monies or property of the county, which may come into his or her possession or custody. The bond shall be executed by a surety company authorized and qualified to do business in Alabama, and shall be approved by each county commission. The premiums on the bonds shall be paid by the county.
Ala. Code § 45-37A-150.01 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-150.01
Section 45-37A-150.01 Establishment of Districts
Status: in_force

(a) The City Council of the City of Fairfield, may, not less than six months prior to the next regular general municipal election in 1992, by ordinance adopted by a majority of the membership of the council, divide the municipality into six single-member districts and designate the districts as numbers one through six, pursuant to subsection (b). The ordinance shall provide that candidates for election for a place on the council shall reside within the boundaries of the district for which he or she seeks election, and shall continue to so reside in the district he or she represents so long as he or she remains a member of the council. Candidates for election to a place on the council shall have resided within the district from which he or she seeks election for a period of 90 days immediately preceding the date of the election. Only electors residing within a district shall be entitled to vote for candidates seeking election for the district.

(b) Establishment of the six single-member districts provided for by this part, and the composition and description of same by metes and bounds, shall, as nearly as practicable, conform to the six wards established by Ordinance No. 794 of the City Council of the City of Fairfield, adopted December 21, 1987, and approved, together with Ward Plan A, by the United States Department of Justice, Civil Rights Division, pursuant to the 1965 Voting Rights Act, as amended, on March 28, 1988, and the ordinance and Ward Plan A are hereby adopted by reference as if fully set out herein. The districts established as provided by this part, shall be as nearly equal in population as is practicable. The municipal clerk, within five days after adoption by the city council of the changes provided for by this part, or before, shall file with the judge of probate of the county in which the municipality lies, a certified copy of Ordinance No. 794, together with supporting documents and accompanied by a map or plat of the city, showing the boundaries of such wards. The adopted by the city council enacting the changes in the government of the City of Fairfield provided for by this part, along with such supporting documents and map or plat of the city, as may be required by law or necessary to show the boundaries of the districts.

(c) In addition to the election of six single-member district council members, there shall be one member, to be designated the president of the city council, who shall be elected at-large by all qualified electors voting thereon. Such member shall reside within the city limits of the City of Fairfield and shall continue to reside so long as he or she shall serve. The candidates for such position shall have resided within the city limits 90 days immediately preceding the date of the election. Only qualified electors residing within the city limits shall be eligible to vote for candidates seeking at-large membership on the council. Such at-large member shall be in addition to the mayor.
Ala. Code § 45-52-160.01 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-160.01
Section 45-52-160.01 Photographing, Etc., of Certain Public Records; Use of Authenticated Reproductions
Status: in_force

(a) The County Commissioners of Morgan County may require the photographing or microphotographing, on plate or film, of any record, document, plat, court file, book, map, paper, or writing made, acquired, or received as required by law by any official of Morgan County except those records that the board of registrars is required by law to make and keep, which may be photographed or microfilmed only if this procedure is approved unanimously by the board of registrars. The photographs, microfilms, or prints made therefrom, when duly authenticated by the custodian thereof, shall have the same force and effect at law as the original record, or of a record made by any other legally authorized means, and may be offered in like manner and shall be received in evidence in any court where the original record, or record made by other legally authorized means, could have been so introduced and received. In like manner, reproductions made from the records by photographic or like process when otherwise in compliance with applicable statutes, rules, and regulations, shall be received and treated in any court of this state as fully as would a transcription or reproduction of the records made by any other means or process.

(b) The court or board may charge to any office, court, board, institution, department, or agency of the county the cost of photographing or microphotographing of public records belonging to that office, court, board, institution, department, or agency, by the charging of the cost of the work to that office, court, board, institution, department, or agency’s appropriation from the county budget.

(c) 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 photo-graphic or microphotographic equipment, materials, and supplies therefor.

(d) The custodian of public records may photograph or microphotograph all public records existing as of July 18, 1979, and after the records have been processed and checked for clarity, all presently existing bound volumes may be offered to the Department of Archives and History for permanent storage. The volumes as are refused by the department may be destroyed unless otherwise prohibited by law.
Ala. Code § 45-8A-20.03 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-20.03
Section 45-8A-20.03 Filing of Application; Authorization of Incorporation by Governing Body of City
Status: in_force

(a) The authority may be organized pursuant to the provisions of this part. In order to incorporate such a public corporation, any number of natural persons, not less than three, who are duly qualified electors of the city, shall first file a written application with the governing body of the city, which application shall:

(1) Contain a statement that the applicants propose to incorporate the authority pursuant to the provisions of this part;

(2) State the proposed location of the principal office of the authority, which shall be within the corporate limits of the city;

(3) State that each of the applicants is a duly qualified elector of the city; and

(4) Request that the governing body of the city adopt a resolution declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with Section 45-8A-20.04.

(b) Each such application shall be accompanied by such supporting documents or evidence as the applicants may consider appropriate. As promptly as may be practicable after the filing of the application with it in accordance with the provisions of this section, the governing body of the city shall review the contents of the application, and shall adopt a resolution either (1) denying the application or (2) declaring that it is wise, expedient, and necessary that the proposed authority be formed and authorizing the applicants to proceed to form the proposed authority by the filing for record of a certificate of incorporation in accordance with the provisions of Section 45-8A-20.04. The governing body with which the application is filed shall also cause a copy of the application to be spread upon or otherwise made a part of the minutes of the meeting of such governing body at which final action upon the application is taken.
Ala. Code § 45-24-242.09 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-242.09
Section 45-24-242.09 Actual Payment Deemed a Credit Against Amount Due
Status: in_force

The acceptance of any amount paid pursuant to this part shall not preclude the collection of the total amount which is actually due. The amount actually paid shall constitute a credit against the amount actually due.
Ala. Code § 45-49A-63.65 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.65
Section 45-49A-63.65 Maximum Benefit Limitation
Status: in_force

Notwithstanding any provision of the plan to the contrary, the maximum annual benefit paid to a member shall not exceed the limitations imposed by Section 415 of the code and any regulations issued thereunder. The mortality table prescribed by the Secretary of the Treasury under Section 417(e)(3)(A)(ii)(I) of the code for the plan year in which the annuity starting date for the benefit occurs shall be used to the extent necessary to determine if the benefit exceeds the limitations imposed by Section 415 of the code. For purposes of this section, the limitation year shall be the plan year. To the extent this plan has to be combined with any other plan of the city, the State of Alabama, or any other employer for purposes of Section 415 of the code, any reductions in benefits required to comply with Section 415 of the code shall be made first in the benefits provided under this plan and second in the benefits provided under such other plans in the order specified in such other plans.
Ala. Code § 45-48-70.20 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-70.20
Section 45-48-70.20 Purchasing of Used Equipment Prohibited
Status: in_force

No used or secondhand trucks or road machinery shall be purchased for the county, nor shall any purchase be made or any contract of sale or lease-sale or for the leasing, renting, or hiring of any vehicles or other equipment be entered into unless the contractor certifies that the sale price or the hire or rental fee, as the case may be, charged Marshall County will not exceed the like charge made by him or her to other counties for like equipment, or its use, during the year in which the contract with Marshall County is made. If any such seller or lessor, during such period sells or leases any like equipment to another county, then Marshall County shall be entitled to be reimbursed the difference between the price it paid for such equipment or its use and the lowest charge made to another county by such seller or lessor for like equipment or its use; and in addition thereto to punitive damages in the sum of one thousand dollars ($1,000), all of which may be recovered by the county in a proper action at law. Any dealer or seller who sells trucks, tractors, or any road building machinery or equipment to Marshall County representing the same to be new, when, in fact, it is used or secondhand equipment shall be guilty of fraud, and, in addition to being subject to the penalty prescribed therefor by law, shall also be liable to the county for any damages caused by delays in work because of the fact that such trucks, tractors, or other machinery or equipment was not new and shall also reimburse the county for the whole or any part of the purchase price paid by the county therefor. If there is a balance due on the purchase price when the fraud is discovered the county shall not be liable for the payment thereof, and may retain such truck, tractor, or other machinery and equipment until it is reimbursed the part of the purchase price theretofore paid and reimbursed for the damages for which such seller or dealer is liable under this section because of the fraud.
Ala. Code § 45-48-130.03 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-130.03
Section 45-48-130.03 Engineer Bonded
Status: in_force

Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of ten thousand dollars ($10,000), payable to Marshall County, conditioned for the faithful discharge and performance of his or her duties, and for the faithful accounting of all monies or property of the county, which may come into his or her possession or custody; the bond to be executed by a surety company authorized and qualified to do business in Alabama; and to be approved by the chair of the commission; the premiums thereon to be paid by the county.