Ala. Code § 45-49A-63.104 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.104
Section 45-49A-63.104 City Contributions
Status: in_force

(a) The city shall contribute to the fund an amount equal to the excess, if any, of (i) the annual actuarial cost for the plan determined as of each October 1 over (ii) all amounts contributed to the fund under Sections 45-49A-63.100, 45-49A63.101, and 45-49A63.102 during the plan year beginning on the date the annual actuarial cost is determined. The city’s contribution under this section shall be paid to the fund no later than 18 months following the date as of which such annual actuarial cost is determined.

(b) The city may make such additional contributions to the fund as it deems advisable to insure the fiscal integrity of the fund.

(c) For purposes of this section, annual actuarial cost means the annual cost of the plan as determined by the enrolled actuary, as defined in Section 7701(a)(35) of the code, designated by the board using reasonable actuarial assumptions and methods which would meet the requirements of Section 412 of the code, where such annual cost is the sum of:

(1) The annual actuarial normal cost.

(2) The increasing annual payment required to amortize the unfunded actuarial accrued liability as of October 1, 1996, within 30 years of that date, where each subsequent annual payment increases by four percent.

(3) For determinations made on or after October 1, 1997, the level-dollar annual payment required to amortize the change in the unfunded actuarial accrued liability due to plan changes within 30 years of the October 1 coincident with or next following the effective date of the plan change.

(4) For determinations made on or after October 1, 1997, the level-dollar annual payment required to amortize the change in the unfunded actuarial accrued liability due to assumption or method changes within 10 years of the October 1 coincident with or next following the effective date of the assumption or method change.

(5) For determinations made on or after October 1, 1997, the level-dollar annual payment required to amortize the change in the unfunded actuarial accrued liability due to plan experience gains and losses within five years of the October 1 coincident with or next following the date as of which such experience gain or loss is determined, and further provided that such experience gains and losses shall be determined at least annually.
Ala. Code § 45-29-140.17 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-140.17
Section 45-29-140.17 Auditing
Status: in_force

The Fayette County Water Coordinating and Fire Prevention Authority shall be audited similar to and in accordance with any audit required to be performed upon the Fayette County Commission and the operations of the County of Fayette.
Ala. Code § 45-55-130.10 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-130.10
Section 45-55-130.10 Requisition for Expenditure of Funds; Appropriation by Commission
Status: in_force

The authority of the county engineer shall be limited to the expenditure of such funds for the purpose of construction, maintenance, or repair of public roads, highways, bridges, and ferries of the county as may be set aside and appropriated by the county commission. It shall be the duty of the county commission at some meeting in September of each calendar year, or not later than the first meeting in October, to fix and determine the amount of funds which will be available for the purpose of building, maintaining, and constructing public roads, highways, bridges, and ferries of the county for the current fiscal year. Provided, however, the county commission is authorized, from time to time, to increase the amount so allowed to be expended by the county engineer, when the authorization will not conflict with general law under the budget act, Chapter 8, Title 11. Provided further, that if such funds are presently available and have not heretofore been set aside by the present Pike County Commission, immediately upon November 23, 1988, it shall be the duty of the county commission to set aside a sufficient portion of the funds for the maintenance of roads, highways, bridges, and ferries until the meeting in September or October.
Ala. Code § 45-38-241.27 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-241.27
Section 45-38-241.27
Status: in_force

(a)(1) The Department of Revenue may charge an amount or percentage of the total collections, as may be agreed upon by the Lamar County Commission, to Lamar County for collecting the special county taxes levied by this act.

(2) The charge shall not exceed five percent of the total amount of special county taxes collected pursuant to this subpart.

(3) The charge may be deducted each month from the special sales and special use taxes collected before certifying the amount of the proceeds due Lamar County for that month.

(4) The county commission shall pay into the State Treasury all county taxes collected under this subpart.

(5) On or before the first day of each successive month, commencing with the month following the month in which the department makes the first collections, the commission shall certify to the Comptroller the amount of the taxes collected under this subpart and paid into the State Treasury for the benefit of Lamar County during the month immediately preceding the certification.

(6) Before certifying the amount of the taxes paid into the State Treasury for the benefit of the county during each month, the commission may deduct from the taxes collected in that month the charges due the department for the collection of the taxes for the county.

(7) It shall be the duty of the Comptroller to issue his or her warrant each month payable to the Lamar County Commission in an amount equal to the amount certified by the county commission as having been collected in the county.

(b) Upon receipt of the warrants from the Comptroller, the Lamar County Commission shall immediately distribute one-half of the revenue to the custodian of the public school funds for the Lamar County Board of Education. The remaining one-half of the revenue shall be used by the county for road construction and maintenance.
Ala. Code § 45-10-231 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-231
Section 45-10-231 Jail Store; Telephone System for Prisoners; Law Enforcement Fund
Status: in_force

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

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

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

(c) All profits realized in the operation of the jail store and telephone system shall be expended at the discretion of the sheriff for law enforcement purposes in Cherokee County that are in the interest of the public.

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

(e) Any actions relating to the operation of a jail store and telephone system in the county jail prior to May 11, 2000, are ratified and confirmed. Any existing proceeds derived from the operation of a jail store and telephone system in the county jail prior to May 11, 2000, shall be deposited into the Law Enforcement Fund created by this section.
Ala. Code § 45-41-244.66 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-244.66
Section 45-41-244.66 Fee for Collection
Status: in_force

For making the collection of taxes authorized to be levied in Sections 45-41-244.62 and 45-41-244.63, the aforesaid tax collector of the county shall be entitled to a fee in an amount equal to five percent of the first one hundred dollars ($100) of revenue collected and two percent of all revenue collected over one hundred dollars ($100) from such taxes each calendar month; such fee shall be for the use of the tax collector. The fee allowed herein shall be deducted from the tax collections each calendar month and the remainder of such collections shall be remitted to the county; provided, however, such fee shall be disallowed unless such collections are remitted to the county within the time allowed by law. If the tax collector is paid on a salary instead of a fee basis, all fees allowed under the terms of this section to be paid to the tax collector shall be paid, by the tax collector, into the county treasury, or to the official performing the duties of county treasurer.
Ala. Code § 45-1-82.04 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-82.04
Section 45-1-82.04 Admission into Program
Status: in_force

(a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program.

(b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided for by this subpart.
Ala. Code § 45-41-244.51 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-244.51
Section 45-41-244.51 Authorization of Levy - Sales Tax
Status: in_force

(a) The governing body of the county is hereby authorized to levy and impose in the county, in addition to all other taxes of every kind now imposed by law, and to collect as herein provided, a privilege or license tax on account of the business activities and in the amount to be determined by the application of rates against gross sales or gross receipts, as the case may be, as follows:

(1) Upon every person, firm, or corporation (including the State of Alabama, the University of Alabama, Auburn University, and all other institutions of higher learning in the state, whether such institutions be denominational, state, county, or municipal institutions, any association or other agency or instrumentality of such institutions) engaged or continuing within the county in the business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character (not including, however, bonds or other evidences of debts or stocks, nor sales of materials and supplies to any person for use in fulfilling a contract for the painting, repair, or reconditioning of vessels, barges, ships, and other watercraft of over 50 tons burden), an amount not exceeding one percent of the gross proceeds of sales of the business, except where a different amount is expressly provided herein; provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified when his or her books are kept so as to show separately the gross proceeds of sales of each business, and when his or her books are not so kept he or she shall pay the tax as a retailer, on the gross sales of the business; and provided further, that where any used part, including tires, of an automotive vehicle or a truck trailer, semitrailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or rebuilt part or tire, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used part or tire sold less the credit for the used part or tire taken in trade, provided, however, that this provision shall not be construed to include batteries;

(2) Upon every person, firm, or corporation engaged or continuing within the county in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within the state, or any athletic association thereof, or other association whether such institution or association be a denominational, a state, county, or a municipal institution or association or a state, county or city school, or other institution, association, or school), skating rinks, race tracks, golf courses, or any other place at which any exhibition, display, amusement, or entertainment is offered to the public or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description within the county, an amount not exceeding one percent of the gross receipts of any such business;

(3) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property an amount not exceeding three-eighths of one percent of the gross proceeds of the sale of such machines; provided that the term machines as herein used shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used;

(4) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any automotive vehicle or truck trailer, semitrailer, or house trailer, an amount not exceeding three-eighths of one percent of the gross proceeds of sale of the automotive vehicle or truck trailer, semitrailer, or house trailer; provided, that where a person subject to the tax provided for in this subdivision withdraws from his or her stock in trade any automotive vehicle or truck trailer, semitrailer, or house trailer for use by him or her or by his or her employee or agent in the operation of such business, there shall be paid, in lieu of the tax authorized to be levied herein, a fee of one dollar twenty-five cents ($1.25) per year or part thereof during which such automotive vehicle, truck trailer, semitrailer, or house trailer shall remain the property of such person; provided, that each such year or part thereof shall be deemed to begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the 12 succeeding months or part thereof during which such automotive vehicle, truck trailer, semitrailer, or house trailer shall remain the property of such person; and provided further, that where any used automotive vehicle or truck trailer, semitrailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax authorized to be levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade;

(5) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling, through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products and substitutes therefor, an amount not exceeding three-fourths of one percent of the cost of such food, food products and beverages sold though such machines, which cost for the purpose of this subdivision shall be the gross proceeds of sales of such business; and

(6) Upon every person, firm, or corporation engaged or continuing within the county in the business of selling at retail any machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, or poultry on farms, and the parts of such machines, machinery, or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery, or equipment, and which are necessary to and customarily used in the operation of such machine, machinery, or equipment, an amount not exceeding three-eights of one percent of the gross proceeds of the sale thereof; provided, that the three-eighths of one percent rate herein prescribed with respect to parts, attachments, and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities; and provided further, that where any used machine, machinery, or equipment which is used in planting, cultivating, and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock, and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery, or equipment, the tax herein authorized to be levied shall be paid on the net difference, that is, the price of the new or used machine, machinery, or equipment sold, less the credit for the used machine, machinery, or equipment taken in trade.

(b) There are exempted, however, from this section and from the computation of the amount of the taxes authorized to be imposed in this section, the gross receipts of any business and the gross proceeds of all sales which are presently exempted under the state sales tax statutes from the computation of the amount of the state sales tax
Ala. Code § 45-29-120.09 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-120.09
Section 45-29-120.09 Merit System Board - Expenses
Status: in_force

The compensation to each board member and all other expenses of the board arising under this article shall be paid from funds of the county on the order of the board in the same manner as other county salaries and expenses are paid. At the end of the county’s fiscal year, the board shall set the total sum which it has expended for the purposes of this article between the county subject to this article, charging each with such part of the total sum so expended as the total number of officers or employees of such county who were subject to this article on the last day of the county’s fiscal year bears to the total number of officers or employees of the sheriff’s department subject to this article on such last day of the county’s fiscal year. The sum so arrived at by the county as the proper contribution of each shall be certified to the chair of the board and when approved by him or her in writing, shall become a liability of the Fayette County Deputy Sheriff’s Association and shall be paid immediately to the county. In the event any contribution levied hereunder shall not be paid within 30 days after approval by the board chair, the county may bring suit therefor in any court of competent jurisdiction and any judgment so recovered shall be satisfied from any funds in such treasury or funds against which such contribution levy lies. In the event the salaries of employees of the county are paid in part from different treasuries or different funds in the same treasury, the liability for this contribution shall accrue against such various treasuries or funds in the same proportion as the salaries of the employees of the county are paid therefrom.
Ala. Code § 45-1-50 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-50
Section 45-1-50 Office of Constable Abolished
Status: in_force

In Autauga County, the office of constable shall be abolished, pursuant to Section 36-23-1. All assets, money, property, real or personal, equipment, and supplies belonging to the office shall be transferred to the county governing body for use or disposition as it shall deem proper for the county.
Ala. Code § 45-10-244.35 — Alabama Code / Title 45 / Chapter 10 / Section 45-10-244.35
Section 45-10-244.35 Enforcement; Civil Suit; Taxes a Lien
Status: in_force

The tax authorized to be imposed by this subpart shall constitute a debt due Cherokee County and may be collected as provided by law. The tax, together with interest and penalties with respect thereto, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. All of the provisions of the revenue laws of this state which apply to the enforcement of liens for license taxes due to this state shall apply fully to the collection of the tax herein levied, and the State Department of Revenue, for the use and benefit of Cherokee County shall collect such tax and enforce this subpart and shall have and exercise for such collection and enforcement all rights and remedies that this state or the department has for collection of the state sales tax. The State Department of Revenue shall have full authority to employ such special counsel as it deems necessary from time to time to enforce collection of the tax levied by this subpart, and to otherwise enforce the provisions of this subpart, including any litigation involving this subpart; and the department shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the tax collected by it for Cherokee County.
Ala. Code § 45-22-120.04 — Alabama Code / Title 45 / Chapter 22 / Section 45-22-120.04
Section 45-22-120.04 Powers and Duties of Commission Regarding Personnel
Status: in_force

(a) The commission shall adopt rules and regulations to carry out this article, and to provide for advertising of vacancies, recruitment, selection, hiring, classification, placement, promotion, transfer, demotion, suspension, removal, disciplinary action, appeal, hearings, grievances, and training, and the commission may, from time to time, make changes in its rules, regulations, and procedures, provided, however, that no rule, regulation, procedure, or policy may be adopted, promulgated, or amended so as to affect a single employee or group or class of employees either adversely or favorably at the expense or to the detriment of other employees. All promotions shall be made by the commission upon the recommendation of the head of the department/office in which the vacancy for the promotion occurs. The commission shall:

(1) Classify the different types of service to be performed in the departments and offices of the county.

(2) Prescribe qualifications, including those of character, education, training, and acquired and demonstrated skills and experience, for appointees of each class.

(3) Define compensation schedules for the classifications of service.

(4) Allocate each job in the service of the county to its proper classification.

(b) The commission shall establish rules, regulations, and procedures governing hiring, employee performance review and evaluation, probationary period, suspension, dismissal, demotion, termination, grievances, appeals, hearings, leave and use of leave, and such rules, regulations, and procedures shall have the full force and effect of law and shall govern in all such matters.
Ala. Code § 45-30-82.20 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-82.20
Section 45-30-82.20 Purpose
Status: in_force

This subpart applies only in Franklin County. The purpose of this subpart is to facilitate the use of public records in property transactions in Franklin County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate and for the recording, archiving, and retrieving of other instruments, documents, and other uses in the discretion of the judge of probate.
Ala. Code § 45-49-261.10 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-261.10
Section 45-49-261.10 Appeal to Circuit Court
Status: in_force

Any party aggrieved by a final judgment or decision of the board of adjustment, within 15 days thereafter, may appeal therefrom to the Circuit Court of Mobile County, Alabama, by filing with the circuit court and the board of adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of an appeal, the board of adjustment shall cause a transcript of the proceedings and the action to be certified to the court to which the appeal is taken.
Ala. Code § 45-41-83.21 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-83.21
Section 45-41-83.21 Confidentiality of Information
Status: in_force

The program shall maintain information in accordance with state and federal confidentiality laws for anyone receiving drug test results, a screening an assessment, or other personal medical information.
Ala. Code § 45-42A-20.01 — Alabama Code / Title 45 / Chapter 42A / Section 45-42A-20.01
Section 45-42A-20.01 Regulation of Sale of Alcoholic Beverages on Sunday
Status: in_force

The City Council of the City of Athens in Limestone County, by ordinance, may regulate and permit the sale of alcoholic beverages during certain hours on Sunday, as determined by the city council, by properly licensed retail licensees of the Alcoholic Beverage Control Board and the City of Athens serving the general public in the city.
Ala. Code § 45-44A-40.01 — Alabama Code / Title 45 / Chapter 44A / Section 45-44A-40.01
Section 45-44A-40.01 Findings of Appropriate City Official; Notice
Status: in_force

The term appropriate city official as used in this part shall mean any city official or city employee designated by the mayor or other chief executive officer of the city as the person to exercise the authority and perform the duties delegated by this part to the appropriate city official. Whenever the appropriate city official of the city shall find that any building, structure, part of building or structure, party wall or foundation, accumulation and storage of junk, inoperable motor vehicles or parts of inoperable motor vehicles, abandoned dwellings and mobile homes, and litter around property and vacant lots, including, but not limited to, abandoned cars and appliances, situated in the city is unsafe to the extent that it is a public nuisance, the official shall give the person or persons, firm, association, or corporation last assessing the property for state taxes notice by personally serving upon the person, firm, association, or corporation a copy of the notice to remedy the unsafe or dangerous condition of the building or structure, or to demolish the same, accumulation and storage of junk, inoperable motor vehicles or parts of inoperable motor vehicles, abandoned dwellings and mobile homes, and litter around property and vacant lots, including, but not limited to, abandoned cars and appliances, or to remove the same, within a reasonable time set out in the notice, which time shall be not less than 30 days, or have the public nuisance demolished or removed by the city and the cost thereof assessed against the property. In the event that the personal service is returned not found after two attempts, the notice may be given by registered or certified mail. The mailing of the registered mail notice, properly addressed and postage prepaid, shall constitute notice as required by this part. Notice of the order, or a copy thereof, prior to the delivery or mailing of the notice as required by the immediately preceding sentence, shall also be posted at or within three feet of an entrance to the building or structure, provided that if there is no entrance the notice may be posted at any location upon the building or structure or the most appropriate site of the accumulation and storage of junk, inoperable motor vehicles or parts of inoperable motor vehicles, abandoned dwelling and mobile homes, and litter around property and vacant lots, including, but not limited to, abandoned cars and appliances.
Ala. Code § 45-15-80 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-80
Section 45-15-80 Collection and Disposition of Additional Costs
Status: in_force

(a) In Cleburne County, in addition to all other fees there shall be taxed as costs the sum of three dollars ($3) 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 any inferior or municipal court of the county, in the Circuit Court of Cleburne County, or the District Court of Cleburne County, hereinafter filed in or arising in the Circuit Court of Cleburne County, or the District Court of Cleburne County, or brought by appeal, certiorari, or otherwise to the Circuit Court of Cleburne County, or the District Court of Cleburne 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 Cleburne County, as the case may be.

(b) Such fees when collected by the clerks or other collecting officers of such courts shall be paid into the General Fund of Cleburne County. One dollar fifty cents ($1.50) of the fees shall be deposited into a separate “Sheriff’s Department Fund” to be used solely for the maintenance of the county sheriff’s department. One dollar fifty cents ($1.50) of the fees shall be deposited in a separate fund designated as “Law Library Fund” and shall be expended by the judge of the District Court of Cleburne County for the purpose of establishing, maintaining, and operating the Cleburne County Law Library.
Ala. Code § 45-42-82.49 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-82.49
Section 45-42-82.49 Program Requirements; Termination from Program Liability for Costs and Fees
Status: in_force

(a) Upon acceptance of an offender into the pretrial diversion program, the district attorney and the offender shall submit the offender’s written application together with the offender’s statement of facts, the district attorney’s acceptance of the offender, and the agreement between the district attorney and the offender to the court presiding over the offender’s affected case. The offender shall also enter a plea of guilty to the charge or charges involved.

(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise place it on an administrative docket until such time as the court has been notified that the offender has either fulfilled the terms of the agreement or has been terminated from the program. However, acceptance of the plea of guilty and imposition of punishment by the court shall be deferred until and unless the offender is terminated from the program. In the event the offender is terminated from the program, the court shall accept the plea of guilty and impose appropriate punishment in the same manner as with any plea of guilty or finding of guilt.

(c) Upon successful completion of the program by the offender, the district attorney shall notify the court in writing of that fact together with a request that the case be dismissed whereupon the court shall enter an order to that effect and the offender shall be discharged.

(d) Regardless of whether the offender successfully completes the program or is terminated from the program, the offender is liable for and shall pay any and all court costs and fees, restitution, victim’s compensation fund assessment, and any and all other fees and assessments in the same manner as if the offender had not applied for entry into the program and had been found guilty of the offense involved. Notwithstanding the foregoing, no such costs, fees, restitution, or assessments shall be waived or remitted, absent an express agreement to that effect between the district attorney and the offender, without a finding that the offender does not have the reasonable ability to pay within the reasonably foreseeable future.
Ala. Code § 45-39A-13.03 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-13.03
Section 45-39A-13.03 Rulemaking Authority
Status: in_force

The civil service board shall make rules and regulations to carry out the purpose of this article, and for examinations, appointments, and removals in accordance with its provisions and the board, from time to time, may make changes in the existing rules. The chief of police and the chief of the fire department, from the membership of their respective departments, shall recommend for promotion such person or persons as the occasion may call for to fill any vacancy or vacancies that may occur in the respective departments, and all such vacancies shall be filled and all such promotions shall be made by the civil service board. The board may make rules and regulations relating to the eligibility for promotion. The chief of the police department and the chief of the fire department shall have authority in their respective departments to demote any member of the respective departments by and with the consent and approval of the civil service board, provided however, that upon written demand filed with the civil service board within five days from the date of the order of demotion the person whom it is proposed to demote shall be given a public hearing by the civil service board before any order of demotion shall be final. The chief of the police department and the chief of the fire department shall have authority to suspend any member of their respective departments pending the hearing by the civil service board. In the event any vacancy shall occur in the office of chief of the police department or chief of the fire department such vacancy shall be filled by the civil service board. In the event there is a reduction in the number of firemen or policemen employed by the city, the person last employed shall be the first to be dropped, and so on in succession; provided that the number of patrolmen in the police department who are qualified as motorcycle patrolmen shall not thereby be reduced below the number which may from time to time be determined by the board of commissioners of the city as needed for motorcycle patrolmen; provided, further, that the number of persons in the fire department who are qualified as mechanics shall not thereby be reduced below the number which may from time to time be determined by the board of commissioners of the city as needed for mechanics in the department. The civil service board may at any time, upon the request of the governing authority of the City of Florence, shown by resolution, discharge from employment the chief of police and the chief of the fire department or any number of either the police or fire departments.
Ala. Code § 45-12-130 — Alabama Code / Title 45 / Chapter 12 / Section 45-12-130
Section 45-12-130 Qualifications; Duties
Status: in_force

The county commission shall employ a county engineer, who shall be a qualified and competent civil engineer, possessing all of the qualities as specified for county engineers pursuant to law. The county engineer shall devote his or her time and attention to the maintenance and construction of the public roads, highways, and bridges of the county, the county shop, and all work otherwise authorized by law. The county engineer shall perform all of the following duties:

(1) Employ, supervise, and direct all assistants necessary to properly maintain and construct the public roads, highways, bridges, and county shop of the county and all work otherwise authorized by law.

(2) Perform engineering and surveying services as required, and prepare and maintain all necessary maps and records.

(3) Maintain and construct all county roads on the basis of the county as a whole, without regard to any district or beat lines. The county engineer is designated as the person authorized to make written requisition to the chair of the commission or his or her duly designated purchasing agent for all articles, materials, supplies, and equipment necessary for the maintenance and construction of the roads, bridges, and county shop in the county. The county commission shall fix, from time to time, in accordance with prevailing economic conditions, the number of employees and the various scales of wages or salaries to be paid for labor and materials necessary in the maintenance and construction of the roads, bridges, and county shop operation, and the wage or salary scale shall not be exceeded by the county engineer in the employment of labor and assistants. The county commission shall fix the amount of the salary of the county engineer, payable in equal monthly installments from the gasoline tax fund of the county. Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in an amount set, from time to time, by the county commission, conditioned for the faithful discharge and performance of his or her duties as county 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, approved by the chair of the county commission, and the premiums thereon shall be paid by the county. The county commission shall furnish the county engineer with an office and all necessary office supplies, and shall furnish him or her with necessary transportation in connection with his or her duties pursuant to this section. The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment. The county commission shall furnish the necessary storage facilities in which to keep the tools, machinery, supplies, and equipment and the county engineer shall keep on file in his or her office, at all times, an up-to-date inventory, containing a list of all the tools, machinery, equipment, and supplies belonging to the county. The authority of the county engineer shall be limited to the expenditure of funds for the purposes of construction, maintenance, or repairs of public roads and bridges of the county as appropriated by the county commission. The county commission shall fix and determine the amount of funds which shall be available for the purpose of building, maintaining, and constructing public roads, bridges, and ferries of Choctaw County for the ensuing fiscal year, beginning on October 1. That amount, other than the salary of the county engineer, and his or her necessary expenses, shall not be exceeded, except that the county commission may, from time to time, within any period, increase the amount allowed to be expended by the county engineer during the period, provided that the authorization does not conflict with other provisions of law.
Ala. Code § 45-17A-83.09 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-83.09
Section 45-17A-83.09 Deposit and Expenditure of Funds
Status: in_force

All funds of the board shall be kept separate from other funds of the city and in accounts established by the board. The funds shall be withdrawn as necessary for payment of expenses authorized by the board and for the purposes stated in this part. The board shall establish legal procedures for the payment of expenses and claims presented to it.
Ala. Code § 45-35-120.01 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-120.01
Section 45-35-120.01 Division into Exempt and Classified Services
Status: in_force

All offices and positions of Houston County shall be divided into the exempt service and the classified service.

(1) The EXEMPT SERVICE shall include:

a. The positions of all elected officials of Houston County.

b. The positions of voluntary personnel and personnel appointed to serve without pay.

c. The positions of consultants rendering temporary professional service.

d. All positions involving seasonal or part-time employment.

e. The positions of attorneys rendering legal service; provided, however, such positions in the exempt service held by employees of boards and commissions may be placed in the classified service by resolution of the personnel board after favorable recommendation by such other board or commission, and the personnel board, in such resolution shall prescribe the conditions under which the employees holding such positions so transferred may acquire permanent status in such positions so long as such positions remain in the classified service.

f. Employees not paid exclusively by Houston County.

(2) CLASSIFIED SERVICE:

The classified service shall include all positions in the service of Houston County who are paid out of the general fund and all other funds of Houston County and out of funds of boards and commissions whose employees are placed in the classified service, and which are not specifically placed in the exempt service; provided, however, the personnel board may by resolution, pursuant to a recommendation by the boards, remove any position from the classified service and place it in the exempt service. Unless otherwise specifically provided or clearly implied, this part shall apply only to the classified service.
Ala. Code § 45-37-120 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-120
Section 45-37-120 Reimbursement for Repairing or Replacing Clothing or Equipment
Status: in_force

(a)(1) This section shall apply to any county having a population of 600,000 or more, according to the 1970 or any succeeding federal decennial census.

(2) As herein used, these terms have the meanings here given them: The county means any county subject to this section, and governing body means the county commission or other governing body of the county.

(b) When any county officer’s or county employee’s clothing or equipment is damaged or destroyed while he or she is engaged in the performance of his or her official duties and is acting within the line and scope of his or her authority the county is authorized to reimburse such officer or employee, to the extent provided for herein, for such damage to, or such loss of, his or her clothing or equipment. No reimbursement paid hereunder shall exceed the actual cost of repairing or replacing the clothing or equipment which is the subject of such reimbursement. Reimbursement may be less than the actual cost of repairing or replacing such clothing or equipment. All reimbursements paid hereunder shall be payable from the general funds of the county.

(c) The governing body is hereby authorized to establish procedures for the administration of this section and to adopt rules and regulations prescribing the conditions on which payments under this section shall be made. The governing body may repeal or amend any such rules or regulations.
Ala. Code § 45-33-240.23 — Alabama Code / Title 45 / Chapter 33 / Section 45-33-240.23
Section 45-33-240.23 Bond
Status: in_force

Before entering upon the duties of his or her office the county revenue commissioner shall take the oath of office prescribed by Article XVI of the Constitution of Alabama, and execute a bond in such sum as may be fixed by the county commission or like governing body of the county, giving as securities thereon a bonding company authorized to do business in Alabama. The bond shall be conditioned as other official bonds are conditioned and shall be approved by and filed with the judge of probate. The cost of the bond required herein shall be paid out of the general funds of the county on warrant of the county commission or other like governing body of the county, and shall be a preferred claim against the county.
Ala. Code § 45-2-120.12 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-120.12
Section 45-2-120.12 Appointed and Contract Employees
Status: in_force

One appointed employee position may be filled by the judge of probate which position shall be designated chief clerk. Two appointed employee positions may be filled by the revenue commissioner which positions shall be designated chief clerk of collections and chief appraiser. Three appointed employee positions may be filled by the sheriff which positions shall be designated chief deputy, chief jailer, and chief of the civil division. The following shall be appointed contract employees: County administrator, emergency management director, juvenile detention director, personnel director, building official, clerk/treasurer, county engineer, development and environmental director, budget director, and communication and information systems director. Each of the appointed contract employees shall be employed under contract with the commission. Each contract shall include at a minimum the following provisions:

(1) A provision for termination and severance.

(2) A job description for the position.

(3) An annual written evaluation to be reviewed with the employee and retained by the commission in the employee’s personnel file.

(4) A provision that the contract will be nonbinding on the successor commission after each four-year election; however, the contracts must be cancelled or continued within 90 days of the successor commission taking office.

(5) A provision that any appointed contract employee employed by the county commission may not be subject to any action to cancel or not to renew the contract or in any other manner dismiss or terminate the contract employee except by a three-fourths vote of the elected members of the county commission.
Ala. Code § 45-49-41.01 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-41.01
Section 45-49-41.01 Construction and Application
Status: in_force

(a) This part shall be liberally construed and applied to promote its underlying remedial purposes and policies.

(b) This part shall govern dealership agreements for the sale or distribution of liquid goods in Mobile County, Alabama, to the full extent consistent with the constitutions of this state and the United States.

(c) The effect of this part may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
Ala. Code § 45-50-245.64 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-245.64
Section 45-50-245.64 Taxes Constitute Debt
Status: in_force

The tax levied by this subpart shall constitute a debt due Monroe 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. Monroe County shall collect the tax, enforce this subpart, and have and exercise all rights and remedies otherwise currently applicable or which may be provided for in the future for the collection of the sales and use taxes in Monroe County.
Ala. Code § 45-42-240 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-240
Section 45-42-240 Salary Supplements
Status: in_force

The County Commission of Limestone County is hereby authorized to provide county salary supplements for the members of the Limestone County Board of Equalization in any amount so long as such supplement shall not make the total compensation of such members any more than forty dollars ($40) per day plus expenses. Such supplement shall be paid in the usual manner from funds available in the county treasury.
Ala. Code § 45-28-234.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.01
Section 45-28-234.01 Employees Exempted
Status: in_force

(a) This part shall apply to all employees of the office of the sheriff.

(b) The following persons shall be exempt to the rules promulgated by the board:

(1) The chief deputy.

(2) The chief of detention.

(3) The chief of administration.

(4) The chief of investigation.

(5) The director of communications.

(6) The food service manager.

(c) The persons specified in subsection (b) shall be appointed by the sheriff and serve at the pleasure of the sheriff. The salary of the employees specified in subsection (b) shall be established by the sheriff and paid from the county treasury as supplemented with discretionary funds provided by the sheriff, subject to the budgetary approval of the county commission as otherwise required by state law. In the event any exempt employee enumerated in subsection (b) is dismissed from his or her position by the sheriff, except for cause, the exempt employee may return to the classified service at the last classification held to a position assigned at the discretion of the sheriff.
Ala. Code § 45-29-120.04 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-120.04
Section 45-29-120.04 Merit System Board - Creation; Composition
Status: in_force

(a) There is hereby created the Merit System Board of Fayette County, Alabama, which shall become effective on May 10, 1993, and shall be composed of three members:

(1) One member shall be appointed by the Fayette County Commission.

(2) One member shall be appointed by the Fayette County Deputy Sheriff’s Association.

(3) One member shall be appointed by the Judge of Probate of Fayette County, Alabama.

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

(c) Members of the board shall take the constitutional oath of office, which shall be filed in the office of the judge of probate. Vacancies on the board shall be filled for the unexpired term of the vacant position in the same manner as original appointments. The members of the board shall elect a chair and secretary from among their members. Any member of the board who becomes a candidate for, or is elected or appointed to another public office of profit shall vacate his or her office as a member of the board. No board member shall be an elected official, appointed employee, or employee of the county or any municipal government.
Ala. Code § 45-2-221.11 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-221.11
Section 45-2-221.11 Architectural Review Board and Preservation District Review Board
Status: in_force

An architectural review board and a preservation district review board with the following membership, duties, and powers may be created by the county commission.

(a) Each board shall be composed of five members selected by the county commission to serve overlapping terms. Except for the first members, their terms shall be five years.

(b) Each board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Meetings shall be held at regular intervals, but at least monthly. Each board may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other civil employees of the county. Each board may also contract with architects and other professional and technical consultants for such services as it may require. The expenditures of each board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the county commission, which may provide the funds, equipment, and accommodations necessary for the work of each board.

(c) It shall be the duty of the architectural review board and preservation district review board to approve or disapprove plans for buildings to be erected or renovated which are located or are to be located within the historic and preservation districts respectively and landscaping for the same. The boards’ authority shall extend only to the exterior of any building within the boundaries of such districts and the board shall have no authority to review the interior construction, renovation, or style of any buildings within such districts.
Ala. Code § 45-8A-22.88 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.88
Section 45-8A-22.88 Appeal of Final Decision of Retirement Board
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-56-243.01 — Alabama Code / Title 45 / Chapter 56 / Section 45-56-243.01
Section 45-56-243.01 Tax to Be Added to Sales Price of Tobacco Products
Status: in_force

Every person, firm, corporation, club, or association that sells, stores, or receives for the purpose of selling or storing in Randolph County, any cigarettes, cigars, snuff, and smoking tobacco products shall add the amount of the license or privilege tax levied and assessed to the price of the cigarettes, cigars, snuff, and smoking tobacco products. It is the purpose and intent of this section that the tax levied is, in fact, a levy on the consumer with the person, firm, corporation, club, or association that sells or stores or receives for the purpose of distributing the cigarettes, cigars, snuff, and smoking tobacco products acting merely as an 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, and smoking 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, and smoking tobacco products.
Ala. Code § 45-37A-51.09 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.09
Section 45-37A-51.09 Compensation Limits; Forfeitures; Required Minimum
Status: in_force

(a) Compensation in excess of one hundred sixty thousand dollars ($160,000), or such other amount provided in the Internal Revenue Code of 1986, as amended, shall be disregarded. Such amount shall be adjusted for increases in the cost-of-living in accordance with Section 401(a)(17)(B), except that the dollar increase in effect on January 1 of any calendar year shall be effective for the fiscal years beginning with or within such calendar year. If compensation for any prior determination period is taken into account in determining a participant member’s benefits for the current fiscal year, the compensation for such prior determination period is subject to the applicable annual compensation limit in effect for that prior period.

(b) Notwithstanding the foregoing and to the extent applicable to governmental plans as such are defined in Section 414(d) of the Internal Revenue Code of 1986, as amended, in no event may the normal retirement benefit exceed the annual dollar limits imposed by Section 415(b), excluding contributions under Section 414(h)(2). Further, no post severance compensation shall be included for any benefit hereunder. Post severance compensation means amounts paid by the later of: (1) Two and one-half months after an employee’s severance from employment with the city or (2) the end of the limitation year that includes the date of severance from employment with the city; and those amounts would have been included in the definition of compensation if they were paid prior to the employee’s severance from employment. However the payment must be for (a) unused accrued bona fide sick, vacation, or other leave, but only if the participant member would have been able to use the leave if the participant member had continued in employment; or (b) received by a member pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the member at the same time if the employee had continued in employment with the city and only to the extent that the payment is includible in the member’s gross income. Notwithstanding the foregoing, in all events no benefit payments shall exceed limits imposed on governmental plans by applicable law.

(c) That portion of a terminated participant member’s benefit that is forfeited shall be used only to reduce future costs of the system at such time as it becomes a forfeiture.

(d) Notwithstanding any provision in this subpart to the contrary, the distribution of a participant member’s benefits shall be made in accordance with the following requirements and shall otherwise comply with Section 401(a)(9) and the regulations thereunder, (including regulation 1.401(a)(9)-2), the provisions of which are incorporated herein by reference:

(1)a. A participant member’s benefits shall be distributed or must begin to be distributed not later than April 1st of the calendar year following the later of (i) the calendar year in which the participant member attains age 70 1/2 or (ii) the calendar year in which the participant member retires. Such distributions shall be equal to or greater than any required distribution.

b. Alternatively, if the distribution is to be in the form of a joint and survivor annuity or single family annuity, then distributions must begin no later than the applicable April 1st as determined under the preceding paragraph and must be made over the life of the participant member, or the lives of the participant member and the participant member’s designated beneficiary, in accordance with regulations.

(2) Distributions to a participant member and the participant member’s beneficiaries shall only be made in accordance with the incidental death benefit requirements of Section 401(a)(9)(G) and the regulations thereunder.

(3) For purposes of this subsection, the life expectancy of a participant member and a participant member’s spouse, other than in the case of a life annuity, at the election of the participant member or the participant member’s spouse, may be redetermined in accordance with regulations. The election, once made, shall be irrevocable. If no election is made by the time distributions must commence, then the life expectancy of the participant member and the participant member’s spouse shall not be subject to recalculation. Life expectancy and joint and last survivor expectancy shall be computed using the return multiples in Tables V and VI of regulation 1.729

(e) Notwithstanding any provision of this subpart to the contrary that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution that is equal to at least five hundred dollars ($500) paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For purposes of this subsection the following definitions shall apply:

(1) An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more; any distribution to the extent such distribution is required under Section 401(a)(9); the portion of any other distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities); any hardship distribution described in Section 401(k)(2)(B)(i)(IV); and any other distribution that is reasonably expected to total less than two hundred dollars ($200) during a year.

(2) An eligible retirement plan is an individual retirement account described in Section 408(a), an individual retirement annuity described in Section 408(b), an annuity plan described in Section 403(a), a Roth IRA described in Section 408A(b), or a qualified trust described in Section 401(a), that accepts the distributee’s eligible rollover distribution.

(3) A distributee includes an employee or former employee. In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p), are distributees with regard to the interest of the spouse or former spouse.

(4) A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee.

(5) A nonspouse beneficiary who is a designated beneficiary under Section 401(a)(9)(E) and the regulations thereunder, by a direct trustee-to-trustee transfer (direct rollover), may roll over all or any portion of his or her distribution to an Individual Retirement Account (IRA) the beneficiary establishes for purposes of receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an eligible rollover distribution under Section 401(a)(31).

(f) Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act) provisions. In the case of a death or disability occurring on or after January 1, 2007, if a member dies while performing qualified military service (as defined in Section 414(u)), the survivors of the member are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under this system as if the member had resumed and then terminated employment on account of death.

(g) Pension Funding Equity Act of 2004 (PFEA). Solely for purposes of calculating DROP benefits and for converting lump sum amounts for compliance with Section 415, if the system provides a benefit in a form that is subject to the minimum present value requirements of Section 417(e)(3) in a fiscal year beginning in 2004 or 2005, the actuarially equivalent straight life annuity that is used for demonstrating compliance with Section 415 shall be the greater of: (1) the straight life annuity determined using the system’s rate and system’s mortality table and (2) the straight life annuity determined using 5.5 percent and the applicable mortality table. A benefit is subject to the minimum present value requirements of Section 417(e)(3) if it is any benefit other than a non-decreasing annuity payable for a period of not less than the life of the member (or, in the case of a qualified preretirement survivor annuity, the life of the surviving spouse), or such other benefit described in this subpart.

(h) Notwithstanding any provision of this subpart to the contrary, contributions, benefits, and service credit with respect to qualified military service shall be provided in accordance with Section 414(u).
Ala. Code § 45-35-150.06 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-150.06
Section 45-35-150.06 Bingo Games - Charitable or Educational Purposes of Proceeds
Status: in_force

No less than 100 percent of the net proceeds of a bingo game shall be designated and expended for charitable or educational purposes. Net proceeds means gross proceeds less reasonable expenses incurred or paid in connection with the holding, operating, or conducting of bingo. Reasonable expenses shall not include any expenses related to advertising and any advertising done shall contain the name of the permit holder. Reasonable expenses shall include the following bona fide expenses, in reasonable amounts:

(1) The purchase or rental of equipment necessary for conducting bingo and payment of services reasonably necessary for the repair and maintenance of equipment.

(2) Payment of cash prizes or the purchase of prizes of merchandise.

(3) Insurance on the facilities and liability coverage, as is reasonable for the operation of bingo.

(4) Utilities.

(5) Janitorial services.

(6) The fee required for issuance or reissuance of a permit to conduct bingo.

(7) Other reasonable expenses incurred by the permit holder, not inconsistent with this article or a resolution of the Houston County Commission.
Ala. Code § 45-25-242.48 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-242.48
Section 45-25-242.48 Payment of Tax Deemed a Credit Against Amount Due
Status: in_force

The acceptance of any amount paid for the excise tax imposed under this subpart shall not preclude the collection of the amount actually due. However, the amount actually paid shall constitute a credit against the amount actually due
Ala. Code § 45-45-241.04 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-241.04
Section 45-45-241.04 Monrovia Parks and Recreation Association
Status: in_force

In Madison County, the Monrovia Parks and Recreation Association is exempted from paying any county and municipal sales and use taxes, and all property owned and used by this organization is exempted from county and municipal ad valorem taxes.
Ala. Code § 45-26-242.22 — Alabama Code / Title 45 / Chapter 26 / Section 45-26-242.22
Section 45-26-242.22 License Records
Status: in_force

The revenue commissioner shall keep at all times an accurate record of all licenses received by him or her from the Comptroller and of the disposition made of them, of all monies received, and of the licenses issued by him or her. The revenue commissioner shall report to the Comptroller at the same time and in the same manner that the judges of probate are required to do under the general law. All unissued licenses and stubs or duplicates or carbon copies of licenses issued shall be accounted for in the same manner that judges of probate are required to account for by law.
Ala. Code § 45-47-231.28 — Alabama Code / Title 45 / Chapter 47 / Section 45-47-231.28
Section 45-47-231.28 Funding
Status: in_force

The compensation to each board member and all other expenses of the board arising under this subpart shall be paid from funds of the county on the order of the board in the same manner as other county salaries and expenses are paid. At the end of the county’s fiscal year, the board shall prorate the total sum which it has expended for the purposes of this subpart between the county and the municipalities subject to this subpart, charging each with such part of the total sum so expended as the total number of officers or employees of such county or municipality who were subject to this subpart on the last day of the county’s fiscal year bears to the total number of officers or employees of the county and municipalities subject to this subpart on such last day of the county’s fiscal year. The sum so arrived at by the county as the proper contribution of each shall be certified to the chair of the board and when approved by him or her in writing, shall become a liability of the county or respective municipality, and shall be paid immediately to the county. In the event any contribution levied hereunder shall not be paid within 30 days after approval by the board chair, the county may bring suit therefor in any court of competent jurisdiction and any judgment so recovered shall be satisfied from any funds in such treasury or funds against which such contribution levy lies. In the event the salaries of employees of the county or municipalities are paid in part from different treasuries or different funds in the same treasury, the liability for this contribution shall accrue against such various treasuries or funds in the same proportion as the salaries of the employees of the county or municipality are paid therefrom.
Ala. Code § 45-49-40.15 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-40.15
Section 45-49-40.15 Grounds for Suspension, Revocation, or Refusal to Issue a Renewed License
Status: in_force

The board is vested with the power and authority to refuse to issue or renew as well as the power to suspend or revoke any license for any one or a combination of the following causes:

(1) Conviction of a felony.

(2) Malpractice or incompetency.

(3) When applicant barber or apprentice barber is, or becomes, afflicted with an infectious or communicable disease.

(4) Advertising by false or deceptive means.

(5) Advertising, practicing, or attempting to practice under another’s trade name or under another’s name.

(6) Habitual drunkenness or habitual addiction to use of morphine, cocaine, or other habit-forming drugs.

(7) The violation of any of the sanitary regulations promulgated by either the barbers’ commission or the State Department of Public Health for the regulation of barber shops and barber schools or colleges.

(8) Conviction of a violation of any city ordinance or county or state law pertaining to the regulation of barber shops or barber schools or colleges.
Ala. Code § 45-52-150.09 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-150.09
Section 45-52-150.09 Revocation of Bingo Permit - Eligibility; Effect of Convictions
Status: in_force

(a) A permit holder whose permit or special permit is revoked for a violation of this article or a rule adopted under this article is ineligible to apply for a permit for a period of one year after the revocation.

(b) A person convicted of an offense under Section 45-52-150.11 or any other gambling offense is ineligible to serve as an officer, a permit holder, or to participate in conducting bingo for a period of one year after the conviction becomes final. If the person is licensed pursuant to this article, the person shall forfeit the permit and is ineligible to apply for the issuance or reissuance of the permit for a period of one year from the date of conviction.

(c) If the permit is revoked, in addition to other penalties which may be imposed, the police chief may declare the violator ineligible to conduct a bingo game or apply for a permit under this article for a period not exceeding one year.

(d) The permit holder shall return its permit to the police chief on or before the effective date of a revocation or forfeiture. Whether returned or not, the permit shall not be valid beyond the effective date of the revocation or forfeiture.
Ala. Code § 45-8A-22.89 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-22.89
Section 45-8A-22.89 Exclusive Use of Assets of Fund; Vesting; Forfeitures; Highly Compensated Participants
Status: reserved

Repealed by Act 2012-484, §1, effective May 16, 2012.
Ala. Code § 45-49-85.05 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-85.05
Section 45-49-85.05 Electronic Signatures; Transmittal or Exchange of Documents in Electronic Format
Status: in_force

(a) In Mobile County, the judge of probate and chief clerk of the probate court may utilize a computer generated, digitized electronic signature of the judge of probate or the chief clerk of the probate court as the required signature of the judge of probate or the chief clerk for purposes of issuing summons, subpoenas, orders, or other legal process from the probate court to the Sheriff of Mobile County or the sheriff of any other county in this state, for service on parties named.

(b) The Judge of Probate and Sheriff of Mobile County and the sheriff of any other county in this state, may enter into arrangements to use data processing means and technology to transmit legal process to and from the Probate Court of Mobile County and their respective offices, including returns on service status. All documents transmitted or exchanged in electronic format shall be afforded the same validity as the original documents.
Ala. Code § 45-39A-13.04 — Alabama Code / Title 45 / Chapter 39A / Section 45-39A-13.04
Section 45-39A-13.04 Application and Examination
Status: in_force

All applicants for a place or position on the police force or fire department, as the case may be, shall file their application in writing with the civil service board, the applications to be on the blank forms furnished by the board, and all applicants shall be subject to examination, which shall be public, competitive, and open to all citizens of the United States, with specified limitations as to age, residence, health, habits, and moral character. The examinations shall be practical in their character, and shall relate to those matters which shall fairly test the relative capacity of the persons examined to intelligently discharge the duties of the position to which they aspire.
Ala. Code § 45-37-123.31 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.31
Section 45-37-123.31 Liability
Status: in_force

The system, the pension board and each of its individual members, and employees of the system, when acting within the scope of its or their official capacity, shall be immune from civil liability and not subject to legal claims for damages by any individual, member, designated beneficiary or other beneficiary, or entity, directly or by way of contribution, for any decision, act, or omission resulting in damage or injury unless the decision, act, or omission was caused by willful and wanton conduct, grossly negligent conduct, gross malfeasance, or gross misfeasance. For purposes of this section, “official capacity” means any decision, act, or omission taken by the pension board or its individual members to further the purpose for which the system is established.
Ala. Code § 45-28-234.17 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-234.17
Section 45-28-234.17 Purpose
Status: in_force

It is the intent of this part to create a personnel system for the employees of the office of sheriff to be separate from that of other county offices and departments.
Ala. Code § 45-49A-63.102 — Alabama Code / Title 45 / Chapter 49A / Section 45-49A-63.102
Section 45-49A-63.102 Member Contributions
Status: in_force

Eight percent of the salary of every uniformed officer with less than 30 years of service shall be deducted from his or her pay and shall be transferred to the fund on a monthly basis. No amounts shall be deducted from the pay of a uniformed officer who has at least 30 years of service. Records shall be kept by the board showing the amount contributed by each uniformed officer. The uniformed officers’ contributions required by this section are mandatory. The contributions under this section are designated as member contributions; however, the contributions shall be picked up by the city and shall be treated as paid by the city in lieu of contributions by members in accordance with Section 414(h)(2) of the code. The member does not have the option to receive any amounts contributed by the city under this section in cash. If the city’s contribution to the plan under Section 45-49A-63.104 is zero for a plan year, the board may decrease the contributions by the members under this section pro rata during that plan year as determined by the actuary designated by the board under Section 45-49A-63.104 provided the sum of the amounts contributed under this section and Sections 45-49A-63.100, 45-49A-63.101, and 45-49A-63.103 shall be at least equal to the annual actuarial cost as determined under subsection (c) of Section 45-49A-63.104 for such plan year and the board finds the proposed reduction will not have a material adverse impact on the funding of the plan.
Ala. Code § 45-8A-23.233 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.233
Section 45-8A-23.233 Transfer of Records and Property
Status: in_force

All records, property, and equipment whatsoever of any office, department, or agency or part thereof, all the powers and duties of which are assigned to any other office, department, or agency by this part, shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department, or agency, or part thereof, are by this part assigned to another office, department, or agency, all records, property, and equipment relating exclusively thereto shall be transferred and delivered to the office, department, or agency to which such powers and duties are so assigned.
Ala. Code § 45-41-160.01 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-160.01
Section 45-41-160.01 Reimbursement for Monetary Loss; Due Care
Status: in_force

(a) The Lee County Commission shall reimburse the offices of judge of probate, revenue commissioner, license commissioner, and sheriff from the general fund in the amount of any monetary loss arising or caused without the personal knowledge of the officer, including loss arising from acceptance of worthless 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, license commissioner, and the sheriff to insure that the employees of the respective offices exercise due care in performing their required duties and 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 cases 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, license commissioner, or sheriff is found to be noncollectible, for any reason, the judge of probate, revenue commissioner, license 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, license 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, license commissioner, or sheriff, if applicable, shall receive credit for the cost of the license, taxes, and all other fees in an appropriate amount 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 § 45-31-83.01 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-83.01
Section 45-31-83.01 Mail-Out of Tags; Fee
Status: in_force

(a) The judge of probate, as an option to providing for citizens to acquire motor vehicle tags from the office of the judge of probate, may provide for the mail-out of tags and the related collection of payment for ad valorem taxes and motor vehicle tags.

(b) The judge of probate shall collect a fee for each vehicle for the mail-out option provided in subsection (a). The fee shall be charged to cover the necessary costs of notification, handling, packing, and mailing of motor vehicle tags. No mail-out fee shall be charged for registration of vehicles made in person at the office of the judge of probate.

(c) The county commission shall set the mail-out fee to be collected and may adjust the fee as cost changes may require.

(d) The mail-out fee collected by the judge of probate shall be paid into the general fund of the county on a monthly basis.
Ala. Code § 45-2-244.006 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.006
Section 45-2-244.006 Disposition of Funds
Status: in_force

(a) The county license tax imposed by this subpart and collected by the seller (wholesaler or retailer) shall be paid to the county commission, and the county commission, after first reimbursing the county general fund for expenses incurred in the administration and enforcement of this subpart, shall, between the 11th and 20th day of each month deposit the remainder of the proceeds of the tax in the county general fund of Baldwin County to be expended exclusively for mental health and child advocacy purposes as the county governing body sees fit.

(b) The city or municipal license tax, if any, collected by the seller (wholesaler or retailer) shall be payable by the seller directly to the city, municipality, or town entitled to the city license tax.
Ala. Code § 45-3-172 — Alabama Code / Title 45 / Chapter 3 / Section 45-3-172
Section 45-3-172 Individuals with Mental Illness Taken into Temporary Protective Custody
Status: in_force

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

(1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Barbour County that is authorized by the sheriff to exercise the authority described in this section.

(2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers’ Standards and Training Commission.

(b)(1) Concurrently with Article 1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others.

(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and treatment to those with mental illnesses or other designated treatment facility for an evaluation and treatment.

b. If the individual does not consent to the transport, the officer may use reasonable force necessary to carry out the transport.

c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1 of Chapter 52 of Title 22.

d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section is not mentally ill or a danger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county.

(c) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime.

(d)(1) It is the policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility to act in the best interests of the state by detaining individuals who are mentally ill and a danger to themselves or others for evaluation and treatment. The state finds that these actions are necessary to protect the individuals and the public. These entities and individuals are acting in the name of the state and are acting as state agents, when acting pursuant to this section in making determinations, detaining, releasing, admitting, discharging, or otherwise taking action under this section. When acting pursuant to this section, a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility shall be afforded immunity under Section 36-1-12, as any other state employee or agent of the state.

(2) Nothing in this section shall modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, any amendment to any of these laws, or any judicial interpretation of these laws.
Ala. Code § 45-44-231.50 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-231.50
Section 45-44-231.50 Annual Report
Status: in_force

The sheriff or person designated by the board shall prepare an annual report to be filed with the board not later than 60 days from the close of each fiscal year showing the operations and administrations and suggestions as deemed advisable. The board shall designate someone to keep such records as they deem appropriate and shall compensate them from the 20 percent earnings retained from the inmates.
Ala. Code § 45-2-244.134 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-244.134
Section 45-2-244.134 Disposition of Funds
Status: in_force

The proceeds from the tax authorized, less the amount or percentage of the actual cost of collection as may be agreed upon by the Commissioner of the Department of Revenue and the Baldwin County Commission, shall be distributed to the Baldwin County Commission to be allocated on an annual basis each fiscal year as follows:

(1) The first eighty thousand dollars ($80,000) of the funds or portion received pursuant to this subpart shall be equally divided among the rescue squads authorized by the county commission. Each of the recipient rescue squads shall be a Baldwin County recognized quasi-public entity, as defined in Section 45-2-142.01, and a member in good standing with the Alabama Association of Rescue Squads, Inc. Notwithstanding the foregoing, any rescue squad receiving ad valorem tax funds pursuant to Section 45-2-242 shall be excluded from the distribution in this section regardless of the other requirements being met.

(2) The next forty thousand dollars ($40,000) of the funds or portion received pursuant to this subpart shall be distributed to the office of the District Attorney of Baldwin County for the creation and maintenance of a sexual assault nurse examiner program.

(3) The remainder of the funds received pursuant to this subpart shall be distributed to the office of the District Attorney of Baldwin County.
Ala. Code § 45-54-243.04 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-243.04
Section 45-54-243.04 Disposition of Funds
Status: in_force

The proceeds from the tax levied, less the amount or percentage of the actual cost of collection as may be agreed upon by the Commissioner of the Department of Revenue and the Pickens County Commission, shall be distributed to the Pickens County General Fund to be allocated as follows:

(1) Two-thirds of the remaining proceeds, up to an amount of forty thousand dollars ($40,000), shall be allocated annually for the Industrial Development Authority of Pickens County.

(2) One-third of the remaining proceeds, up to an amount of twenty thousand dollars ($20,000), shall be allocated for the county drug task force.

(3) Any amounts remaining after the allocations provided in subdivisions (1) and (2) shall be used as are other county funds.
Ala. Code § 45-24-242.10 — Alabama Code / Title 45 / Chapter 24 / Section 45-24-242.10
Section 45-24-242.10 Violations
Status: in_force

Any distributor, storer, or dealer who violates this part or who fails to comply with any rule or regulation promulgated hereunder, may be restrained, and prosecution instituted by the Attorney General, or by counsel as the commission directs, from distributing, selling, storing, or withdrawing from storage any gasoline or motor fuel, the sale or withdrawal of which is taxable until those persons have complied with this part.
Ala. Code § 45-27-244.30 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-244.30
Section 45-27-244.30 Assessment and Collection of Taxes
Status: in_force

The Tax Collector of Escambia County shall perform all duties relative to the assessment and collection of ad valorem taxes and sales taxes on motor vehicles, motor vehicle titles, and nonmotorized vehicles, in Escambia County which the judge of probate and the tax assessor are required under the general law to perform. The judge of probate and the tax assessor shall be relieved of all duties and responsibilities relative to the assessment and collection of ad valorem taxes and sales taxes on motor vehicles, motor vehicle titles, and nonmotorized vehicles and the tax collector shall have all duties and responsibilities relative to the assessment or collection of taxes and issuance of motor vehicle licenses and titles for motorized and nonmotorized vehicles. For purposes of this subpart, the term motor vehicle shall mean the same as defined in Article 5, Chapter 12, Title 40.
Ala. Code § 45-48-240 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-240
Section 45-48-240 Methods of Service
Status: in_force

(a) In Marshall County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to each member of the board of equalization of the county an additional expense allowance of ten dollars ($10) per day.

(b) The amount paid under this section shall be paid out of the county general fund and shall be paid only when the members of the board of equalization actually attend meetings.
Ala. Code § 45-30-110 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-110
Section 45-30-110 Expense Allowance
Status: in_force

(a) In Franklin County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to each member of the board of registrars an expense allowance in an amount of five dollars ($5) per day. It is the intent of this section to neither increase nor decrease the compensation of members of the board of registrars.

(b) The expense allowance paid under this section shall be paid out of the county general fund and shall be paid only when the members actually attend meetings.

(c) The operation of this section shall be retroactive to May 4, 1982, and all actions taken and payments made pursuant thereto on and after that date are ratified and confirmed.
Ala. Code § 45-8-230 — Alabama Code / Title 45 / Chapter 8 / Section 45-8-230
Section 45-8-230 Supplies, Materials, and Equipment; Civil Liability Immunity; Bond; Legal Representation; Special Deputies
Status: in_force

(a) The governing body of Calhoun County shall furnish to the sheriff of the county all necessary supplies, materials, and equipment, including uniforms, needed for the efficient enforcement of the law in the county and for the efficient operation of the sheriff’s office, including, but not limited to, five automobiles with two-way communication radios and motor fuel, tires, and accessories for their operation, all to be furnished upon the written requisition of the sheriff. One such automobile shall be clearly identified as a county patrol, and used to patrol the county roads of Calhoun County.

(b) The Sheriff of Calhoun County shall not be taxed with or liable for costs, fees, or charges of court when he or she, in his or her official capacity or for acts done under color of his or her office, is made a party defendant to any action at law or suit in equity. It is provided, however, that the sheriff shall be liable for the witness fees of witnesses summoned in his or her behalf when he or she is cast in litigation.

(c) The Sheriff of Calhoun County shall not be liable for the wrongful acts or omissions of his or her assistants, including special deputies sheriff, unless he or she participates in such acts or they are done in compliance with his or her orders or with his or her knowledge and consent. It is provided, however, that the sheriff shall be liable for the misappropriation of money collected by any such assistant under color of his or her office or in the course of his or her employment.

(d) The assistants provided for or by the sheriff, except special deputies sheriff and the attorney herein provided, shall each enter into bond in the penal sum of two thousand dollars ($2,000), payable, conditioned and approved as is the bond of the sheriff, and such bonds shall be recorded, held, and governed in all respects by the laws of this state relating to official bonds insofar as such laws are applicable.

(e) In the event the bond of the Sheriff of Calhoun County or that of any of his or her assistants shall be executed by a guaranty, surety, or bonding company as surety, the amount of the annual premium paid such company in consideration of such suretyship shall be paid by the county out of the county treasury as other obligations of the county are paid.

(f) The Sheriff of Calhoun County may employ an attorney-at-law to advise and represent him or her and his or her assistants in their official capacities. Such attorney shall receive as compensation therefor such reasonable sum as the sheriff may fix, not exceeding three thousand dollars ($3,000) a year, and the same shall be paid from county funds allocated for the payment of compensation to assistants to the sheriff. Such attorney shall serve at the pleasure of the sheriff.

(g) In addition to the paid assistants provided for him or her, the Sheriff of Calhoun County, as the need may arise or as he or she may deem proper, may appoint special deputies sheriff for the county without expense to the county.
Ala. Code § 45-44-244.31 — Alabama Code / Title 45 / Chapter 44 / Section 45-44-244.31
Section 45-44-244.31 Authorization to Levy Tax; Payment; Amount
Status: in_force

In addition to any and all other taxes or fees heretofore or hereafter levied in Macon County, the Macon County Commission may levy a payroll or privilege fee upon any person who performs a trade, occupation, or profession in those areas of the county not subject to an occupational tax on June 10, 2019. If any area is not subject to an occupational tax on June 10, 2019, and the area is annexed into a municipality and becomes subject to a municipal occupational tax, any payroll or privilege fee levied pursuant to this section shall continue to apply in the annexed area notwithstanding any other provision of law. It shall be unlawful for any person to engage in or follow any trade, occupation, or profession within those areas of the county on or after the first day of January 1998, without paying the payroll or privilege fees imposed by this subpart. All employees working within Macon County shall pay a one percent occupational tax relative to the earnings of the employee. Notwithstanding the foregoing, this subpart shall not apply to those persons over the age of 65 years who are not gainfully employed, nor shall it apply to domestic servants employed in private homes. The amount due and owing under this subpart by any person engaged in a business, profession, or occupation for which license fees are required to be paid under the authority of Section 40-12-40, shall be reduced by an amount equal to, but not exceeding, that amount paid annually under that section.
Ala. Code § 45-36-80.03 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-80.03
Section 45-36-80.03 Domestic Violence Cases
Status: reserved

Repealed by Act 2017-325, § 3, effective May 18, 2017.
Ala. Code § 45-1-232.26 — Alabama Code / Title 45 / Chapter 1 / Section 45-1-232.26
Section 45-1-232.26 Investigations and Recommendations
Status: in_force

Employees of the board, or its designees, may make investigations and recommendations pertaining to the validity of requests for job opportunities for inmates and to otherwise assist the sheriff in the implementation of the program.
Ala. Code § 45-40-244.09 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-244.09
Section 45-40-244.09 Enforcement
Status: in_force

The tax levied by this part, together with interest and penalties that may be imposed, shall constitute a debt due the county and may be collected by civil suit, in addition to all other methods provided by law and in this part. The taxes, together with interest and penalties, shall constitute and be secured by a lien upon the property of the person from whom the taxes are due or who is required to collect the taxes. All provisions of the revenue laws of this state which apply to the enforcement of liens for privilege or license taxes due the state shall apply fully to the collection of the county taxes levied hereby, and the agency for the use and benefit of the county shall collect such taxes and enforce this part and shall have and exercise for such collection and enforcement all rights and remedies that the state or the Alabama Department of Revenue has for collection of the state lodging tax. The agency shall have full authority to employ such special counsel as it deems necessary, from time to time, to enforce collection of the taxes authorized to be levied by this part, and to otherwise enforce this part, including any litigation involving the part; and the agency shall pay such special counsel such fees as it deems necessary and proper from the proceeds of the taxes collected by it for the county.
Ala. Code § 45-18-60.01 — Alabama Code / Title 45 / Chapter 18 / Section 45-18-60.01
Section 45-18-60.01 Total Expense Allowance
Status: in_force

(a) After February 10, 2014, the Coroner of Conecuh County shall receive a total expense allowance in the amount of six thousand two hundred ninety-three dollars ($6,293) per year, which shall be in lieu of any other compensation, salary, or expense allowance provided by law. This expense allowance shall be payable in equal installments from the general fund of the county each month.

(b) All actions taken and payments made to the coroner by the Conecuh County Commission after December 28, 2001, and prior to February 10, 2014, are validated, ratified, and confirmed.

(c) After February 10, 2014, the Coroner of Conecuh County shall be entitled to receive an increase in his or her expense allowance in the same manner and in the same amount or percentage increase as any increase granted to other county officers pursuant to Section 11-2A-4.
Ala. Code § 45-51A-33.65 — Alabama Code / Title 45 / Chapter 51A / Section 45-51A-33.65
Section 45-51A-33.65 Granting of Franchises
Status: in_force

No resolution or ordinance, granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public ways of any city organized under this part, either in, under, along, through, or over same shall take effect and be enforced until 30 days after the final enactment of same by the council and publication of the resolution or ordinance in full once a week for three consecutive weeks in some daily newspaper published in the city, which publication shall be made at the expense of the persons, firm, or corporation applying for the grant. Pending the passage of any such resolution or ordinance or during the time intervening between its final passage, and the expiration of the 30 days during which publication shall be made as above provided, the legally qualified voters of the city, by written petition or petitions addressed to the council, may object to such grant, and if during such period such written petition or petitions signed by at least five percent of the legally qualified voters of the city shall be filed with the council, the council shall forthwith order an election, which shall be conducted by the election commission of the city or other body or official charged with the duty of conducting elections therein, at which election the legally qualified voters of the city shall vote for or against the proposed grant as set forth in the resolution or ordinance. In the call for the election, the resolution or ordinance making such grant shall be published at length and in full at the expense of the city in at least two newspapers published in the city by one publication. If a majority of the votes cast at such election shall be against the passage of the resolution or ordinance, then and in those events, the resolution or ordinance shall not become effective nor shall it confer any rights, powers, or privileges of any kind; otherwise, the resolution or ordinance and the grant shall thereupon become effective as fully and to the same extent as if the election had not been called or held. If, as the result of the election, the resolution or ordinance shall not become effective, then it shall be the duty of the council, after the results of the election shall be determined, to pass a resolution or ordinance to that effect. No grant of any franchise or lease or right of user, or any other right, in, under, upon, along, through, or over the streets, public highways, thoroughfares, or public ways of any such city, shall be made or given nor shall any such rights of any kind whatever be conferred upon any person, firm, or corporation, except by resolution or ordinance duly passed by the council at some regular or adjourned regular meeting and published as above provided for in this part; nor shall any extension or enlargement of any such rights or powers previously granted be made or given except in the manner and subject to all the conditions herein provided for as to the original grant of same. It is expressly provided, however, that this section shall not apply to the grant of side track or switching privileges to any railroad for the purpose of reaching and affording railway connections, and switch privileges to the owners or users of any industrial plant, store, or warehouse; provided further, that the side track or switch shall not extend for a greater distance than 1,320 feet.
Ala. Code § 45-42A-23.02 — Alabama Code / Title 45 / Chapter 42A / Section 45-42A-23.02
Section 45-42A-23.02 Historic Preservation Commission
Status: in_force

A historic preservation commission, hereinafter referred to as the commission, with the following membership, duties, and powers, may be established by ordinance of the governing body:

(1) The commission shall be composed of five members. Residents of the historic district or districts shall elect four members and one member shall be a member of the City of Athens governing body designated by it.

(2) The members of the commission elected by the residents of the historic district during annual meetings of the historic district association, except the member of the City of Athens governing body, who shall all serve by virtue of, and whose term shall correspond with the term of his of her office, shall serve for terms of four years. At the expiration of the term or the death or resignation of any member, the resulting vacancy shall be filled for the unexpired term of such member by election at the next annual meeting of the historic district association or by special election meeting called by the commission. No distinction shall be made between the ex officio and other members of the commission.

(3) The commission shall meet regularly at an established time and place at least once in each month and especially upon call by the chair or secretary and 48 hours’ notice to each member for purposes specified in the notice of call only. A chair elected by the commission from its membership shall preside at its meetings, or in his or her absence a chair pro tempore likewise elected. Minutes of its meeting shall be kept by the secretary of the commission, or by a stenographer or reporter designated by him or her and under his or her directions. Such minutes shall be signed by the secretary of the commission, and shall accurately reflect all matters brought before the commission, its proceedings and determination thereon, including the votes of its members, and shall be permanently retained as official records of the municipality. Three members of the commission shall constitute a quorum for the transaction of any business at its meetings. All meetings of the commission shall be open to the public. Its proceedings shall be governed by such reasonable rules and regulations as it shall adopt, consistent with law and accepted parliamentary procedure.

(4) Members of the commission shall receive no compensation for their service thereon.

(5) Upon any matter coming before the commission in which any member has a personal interest, he or she shall state same and disqualify himself or herself from deliberations and voting thereupon.

(6) The commission shall have no authority to obligate the City of Athens for any debt or expenditure beyond such sums as the municipal governing body may see fit to appropriate from time to time for its use.

(7) Any contract or other instrument for any purpose hereunder authorized to be made by the commission shall be executed in the name of the City of Athens by the mayor and attested by the clerk-treasurer, who shall affix the seal of the municipality, upon the authority of a resolution duly adopted by the commission.

(8) All funds of the commission shall be held, administered, and accounted by the City of Athens’ clerk-treasurer in like manner as other municipal funds and likewise disbursed upon the authority of a resolution duly adopted by the commission.

(9) The commission may provide for the public showing of buildings and structures within historic preservation districts to interested persons, groups, and organizations under such agreements as the owners thereof shall deem proper.

(10) Subject to the availability of funds thereof, the commission may cause markers to be posted at, upon, or adjacent to historic preservation districts or the entrances thereto and sites, buildings, and structures therein situated and may accord such priorities therein as it deems proper, provided that markers shall be placed on private property only upon approval of the owner or owners.

(11) Subject to the availability of funds therefor, the commission, with the prior approval of the governing body, may acquire by lease, purchase, or gift, buildings or real estate within the boundaries of the historic preservation districts, provided, however, such property will be held in the name of the City of Athens.

(12) Within or touching upon the boundaries of any historic preservation district, no change shall be made in or upon any public street, way, or park without the plan therefor having been submitted to the commission for the expression of its recommendations with relation thereto prior to the commencement of such work.
Ala. Code § 45-48-80.02 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-80.02
Section 45-48-80.02 Additional Court Costs - Law Library, Judicial Technology, and Judicial Administration Fund
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-141 EFFECTIVE JULY 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 45-5-171 — Alabama Code / Title 45 / Chapter 5 / Section 45-5-171
Section 45-5-171 Dumping Fee
Status: in_force

(a) In addition to any other cost, fee, or charge imposed on the dumping or depositing of solid waste material on or in any privately owned solid waste landfill in Blount County, there is hereby levied a monthly fee of one dollar fifty cents ($1.50) per ton of solid waste so dumped or deposited, which shall be collected monthly by the landfill owner and distributed as provided in subsection (b).

(b) The fees collected in subsection (a) shall be distributed as follows: 50 percent to the General Fund of Blount County and 50 percent to the Blount County Commission. The Blount County Commission, on a quarterly basis, shall return the 50 percent share of the funds to the Blount County Fire and EMS Association to be distributed equally to all volunteer fire departments and rescue squads belonging to the association.
Ala. Code § 45-35-232.60 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.60
Section 45-35-232.60 Community Corrections Officers
Status: in_force

Upon successfully completing the minimum standards of training and other requirements for law enforcement officers of the Peace Officers’ Standards and Training Commission, a person employed by the Houston County Work Release Commission as a community corrections officer shall have the same law enforcement powers, including powers of arrest, as granted to law enforcement officers of this state. The commission may expend funds for persons employed as community corrections officers to meet the minimum standards as law enforcement officers and may by rule and regulation provide for the reimbursement of amounts spent based on the employee’s continuing service with the commission for a reasonable length of time after receiving the training.
Ala. Code § 45-50-84.40 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-84.40
Section 45-50-84.40 Purpose
Status: in_force

The purpose of this subpart is to facilitate the use of public records in property transactions in Monroe County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal property that are recorded in the office of the judge of probate, and for the recording, archiving, and retrieving of other instruments, documents, and other uses in the discretion of the judge of probate.
Ala. Code § 45-43-246.80 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.80
Section 45-43-246.80 Applicability
Status: in_force

This subpart shall only apply to Lowndes County.
Ala. Code § 45-41-82.03 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-82.03
Section 45-41-82.03 Additional Court Cost - Circuit and District Courts
Status: in_force

(a) In addition to any court costs and fees now or hereafter authorized in Lee County, the Lee County Commission, upon adoption of a resolution by the commission, may impose an additional court cost in an amount not to exceed fifty dollars ($50) to be assessed and taxed as costs in cases filed in the circuit and district courts of Lee County as follows:

(1) The additional court cost shall apply to all civil and criminal cases, including all appeals from any municipal court in Lee County.

(2) The additional court cost shall not apply to small claims or to any case where the cost has previously been assessed, including de novo appeals from the district court.

(3) The court cost shall not be waived by any court, unless all other fees, assessments, costs, fines, and charges associated with the case are waived. Notwithstanding the foregoing, if any municipal court within Lee County imposes, collects, and distributes to the Lee County Justice Facilities Fund a similar fee as court costs for the purposes set out in subsections (b) and (c), or specifically for the expansion, renovation, equipping, furnishing, and maintenance of the Lee County Detention Center, the court cost provided for herein, or a portion thereof, may be waived by resolution of the Lee County Commission in cases appealed from those municipal courts de novo to the Circuit Court of Lee County, to offset the court cost assessed by the municipal court, provided that no party is taxed more than fifty dollars ($50) for this cost.

(b) The court costs collected pursuant to this section shall be applied exclusively for the payment of the costs of planning, designing, financing, furnishing, equipping, maintaining, renovating, constructing, and operating the existing Lee County judicial facilities and for the payment of the principal of and interest on any bonds, warrants, or other obligations issued by or on behalf of the county to finance the costs of the renovation, expansion, and the expenses related to the issuance of bonds, warrants, or other obligations.

(c) The additional court costs, when collected by the clerks or other collection officers of the courts, shall be paid to the Lee County Commission to be deposited into a special designated fund referred to as the Lee County Judicial Facilities Fund to be used for the planning, designing, financing, furnishing, equipping, maintaining, renovating, expanding, and operating the existing Lee County judicial facilities.
Ala. Code § 45-49-102.27 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-102.27
Section 45-49-102.27 Budgeting
Status: in_force

The school board shall adopt a policy establishing which monies may be budgeted and spent by a school council in a pilot program. The school board shall allocate funds each year to be spent by a school council in a pilot program. The allocation to each school shall be based solely on average daily membership as defined in Section 16-13-232. The funds allocated by the school board to be spent by a school council in a pilot program are not subject to and are exempt from the competitive bid law, Sections 41-16-20 to 41-16-63, inclusive. After receiving notification of the funds available for the school from the school board, the school council in a pilot program shall determine, within the parameters established by the school board, how the funds will be spent.
Ala. Code § 45-37A-270 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-270
Section 45-37A-270 Prisoner Transport Fee
Status: in_force

(a)(1) Notwithstanding any law to the contrary, the Municipal Court of the City of Irondale in Jefferson County may assess a prisoner transport fee against a defendant for expenses incurred in transporting the defendant on an Irondale Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention facility to the municipal jail for the City of Irondale.

(2) The fee provided in this section may be assessed in all criminal cases by the municipal judge when a transport is required as described in subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads guilty on or after May 22, 2013. The prisoner transport fee shall be collected from the defendant as court costs and other fees are collected.

(3) Assessment of a prisoner transport fee by the municipal court is permitted only when transport of a defendant is required from outside the police jurisdiction of the City of Irondale, but within the State of Alabama.

(4) If assessed pursuant to this section, a prisoner transport fee for transportation expenses incurred shall be determined by the municipal court at the time a defendant is adjudicated guilty or pleads guilty. The fee shall be based on the total distance that the defendant is transported, according to the following schedule:

(b) All fees received by the City of Irondale Municipal Court for the prisoner transport fee shall be deposited into the City of Irondale General Fund and allocated in conformity with subsection (a) of Section 11-47-7.1.
Ala. Code § 45-42-162.01 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-162.01
Section 45-42-162.01 Definitions
Status: in_force

The following terms shall have the meanings ascribed to them:

(1) CONSTITUTIONAL OFFICERS. The sheriff, revenue commissioner, license commissioner, and judge of probate, and such other public offices of Limestone County which are established by the constitution or by statute.

(2) LOCAL GOVERNMENT. Limestone County, and municipalities or special districts located therein.

(3) METROPOLITAN–GOVERNMENT. The political entity created by the merger of the political, corporate, and economic functions of Limestone County, the City of Athens, and such other local governments as agree to participate, and shall have the powers and duties previously held by the county and the municipality(ies).

(4) MUNICIPALITY. Any incorporated city or town in Limestone County.

(5) SPECIAL DISTRICT. An independent political subdivision created pursuant to general or special law for the purpose of performing one or a limited number of functions within prescribed boundaries located in Limestone County.
Ala. Code § 45-49-43.06 — Alabama Code / Title 45 / Chapter 49 / Section 45-49-43.06
Section 45-49-43.06 Record of Licenses
Status: in_force

The license commission shall keep a permanent record of all licenses issued under this part.
Ala. Code § 45-28-231.20 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-231.20
Section 45-28-231.20 Records of Abandoned and Stolen Property; Storage
Status: in_force

(a) The Etowah County Drug Enforcement Unit shall keep and maintain a record of all abandoned and stolen personal property recovered by the drug enforcement unit. These records shall state the description of the property, the date of recovery of the property, and the serial or other identifying number of the property. If the property is a firearm, the records shall state the description of the firearm, the date of recovery of the firearm, and the serial or other identifying number, if any. The records shall be open to public inspection at all reasonable times.

(b) All abandoned or stolen property recovered by the drug enforcement unit shall be stored in a suitable place to protect the property from deterioration.
Ala. Code § 45-39-243.06 — Alabama Code / Title 45 / Chapter 39 / Section 45-39-243.06
Section 45-39-243.06 Delinquency of 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 the authority of this part, the tax shall be deemed delinquent within the meaning of this part and there shall be added to the amount of the tax a penalty of 25 percent, provided, if in the opinion of the County Commission of Lauderdale County a good and sufficient cause or reason is shown for such delinquency, the penalty may be remitted. The Lauderdale 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 of Lauderdale County shall issue execution, for the collection of the same, directed to the Lauderdale 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 Lauderdale County Commission. The tax herein authorized to be levied and the penalties herein provided for shall be held as a debt payable to Lauderdale 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 Lauderdale 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 § 45-2-41.02 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-41.02
Section 45-2-41.02 Construction and Application
Status: in_force

(a) This part shall be liberally construed and applied to promote its underlying remedial purposes and policies.

(b) This part shall govern dealership agreements for the sale or distribution of liquid goods in Baldwin County, Alabama, to the full extent consistent with the constitutions of this state and the United States.

(c) The effect of this part may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
Ala. Code § 45-38-141.17 — Alabama Code / Title 45 / Chapter 38 / Section 45-38-141.17
Section 45-38-141.17 Auditing
Status: in_force

The Lamar County Water Coordinating and Fire Prevention Authority shall be audited similar to and in accordance with any audit required to be performed upon the Lamar County Commission and the operations of the County of Lamar.
Ala. Code § 45-23-83.09 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-83.09
Section 45-23-83.09 Disposition of Funds
Status: in_force

Effective May 21, 1996, any and all revenues generated either directly or indirectly due to the use of or access to the improved recording, archiving, and retrieving system shall be paid directly in to the aforementioned special fund of the judge of probate. These funds shall be used at the discretion of the judge of probate.
Ala. Code § 45-24A-32.08 — Alabama Code / Title 45 / Chapter 24A / Section 45-24A-32.08
Section 45-24A-32.08 Evidence of Identity
Status: in_force

In the event the evidence produced by a photographic traffic signal enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of violation may be issued pursuant to this part. If, however, a notice of violation is issued, to the degree constitutionally allowed, those issues related to the identity of the vehicle or its owner shall affect the weight to be accorded the evidence and shall not affect its admissibility.
Ala. Code § 45-48-231.25 — Alabama Code / Title 45 / Chapter 48 / Section 45-48-231.25
Section 45-48-231.25 Transfer of Title
Status: in_force

The purchaser at any sale conducted by the sheriff’s department pursuant to this part shall receive title to the property purchased, free from all claims of the owner or prior holder thereof, subject to redemption pursuant to Section 45-48-231.03, and of all persons claiming through or under them. The sheriff’s department shall execute all documents necessary to complete transfer of title.
Ala. Code § 45-37-80.01 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-80.01
Section 45-37-80.01 Circuit Judges
Status: in_force

In addition to the salaries to each of the Circuit Judges of the Tenth Judicial Circuit of the state, there shall be paid to each of the judges a supplement salary in the sum equal to 40 percent of the salary paid each of the judges by the State of Alabama. The supplement salary shall be paid out of the general fund of the county in equal installments at the same time and in the same manner that the salary of other county employees are paid.
Ala. Code § 45-29-70 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-70
Section 45-29-70 Compensation
Status: in_force

In Fayette County, the salary of the Chair of the County Commission of Fayette County shall be nineteen thousand six hundred dollars ($19,600) annually, which shall be paid in the same manner and at the same time as other county employees. The salary provided in this section shall be in lieu of any other salary provided for by general or local law.
Ala. Code § 45-57A-63.132 — Alabama Code / Title 45 / Chapter 57A / Section 45-57A-63.132
Section 45-57A-63.132 Competitive Bidding
Status: in_force

All rules relating to competitive bidding adopted by the council shall meet the minimum requirements of Title 41.
Ala. Code § 45-23-82.04 — Alabama Code / Title 45 / Chapter 23 / Section 45-23-82.04
Section 45-23-82.04 Admission into Program
Status: in_force

(a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological test taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program.

(b) The district attorney may require the offender to submit to any type of test or evaluation process or interview that the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this part.
Ala. Code § 45-45-121.13 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-121.13
Section 45-45-121.13 Ratification of Existing Employee Handbook and Pay Plan
Status: in_force

Any employee handbook and any pay plan adopted by the Personnel Board of Madison County prior to April 14, 2022, shall remain in full force and effect until revoked, revised, or modified by majority vote of the county commission.
Ala. Code § 45-16-82.31 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.31
Section 45-16-82.31 Violations; Waiver
Status: in_force

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

(b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program.
Ala. Code § 45-29-100.20 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-100.20
Section 45-29-100.20 Travel and Subsistence Expenses
Status: in_force

(a) In addition to the salary and expense allowance as may be fixed by law, the Fayette County Board of Education shall reimburse the reasonable travel and subsistence expense which the county Superintendent of Fayette County incurs in the performance of the duties of such office and in attending educational functions and meetings within and outside the county and state.

(b) The board shall fix the maximum amount to be expended for such travel and subsistence expense annually, the same to be paid upon claim filed by the superintendent out of any funds as may be available for such purpose.
Ala. Code § 45-27-60.02 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-60.02
Section 45-27-60.02 Appointment of Assistant County Medical Examiners
Status: in_force

The Escambia County Medical Examiner may appoint one or more assistant county medical examiners to assist the investigation and certification of deaths.
Ala. Code § 45-37-121.22 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-121.22
Section 45-37-121.22 Political Activities Prohibited
Status: in_force

No person shall be appointed or promoted to, or demoted or dismissed from any position, or in any way favored or discriminated against with respect to employment because of his or her political or religious opinions or affiliations or his or her race. No person shall seek or attempt to use any political endorsement in connection with any appointment to a position. No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. No employee and no member of the board shall, directly or indirectly, pay or promise to pay any assessment, subscription, or contribution for any political organization or purpose, or solicit or take any part in soliciting any such assessment, subscription, or contribution. No person shall solicit any such assessment, subscription, or contribution of any employee. No employee shall be a member of any national, state, or local committee of a political party, or an officer of a partisan political club, or a candidate for nomination or election to any public office, or shall take any part in the management or affairs of any political party or in any political campaign, except to exercise his or her right as a citizen privately to express his or her opinion and to cast his or her vote. Any officer or employee under the jurisdiction of this section who violates any of the foregoing provisions of this section shall forfeit his or her office or position. Provided that nothing in this section shall be construed so as to deny the right of a public servant to petition his or her city, county, state, or national government.
Ala. Code § 45-54-230 — Alabama Code / Title 45 / Chapter 54 / Section 45-54-230
Section 45-54-230 Compensation
Status: in_force

(a) Commencing on May 1, 1999, the Sheriff of Pickens County shall be entitled to an additional expense allowance totalling the salary and expense allowance in an amount equal to 63 percent of the annual salary paid by the State of Alabama to the District Judge of Pickens County, which shall be in addition to all other expense allowances, compensation, or salary provided by law.

(b) Beginning with the expiration of the term of the incumbent sheriff, the annual salary for the sheriff shall be increased to an amount equal to 63 percent of the annual salary paid by the state to the District Judge of Pickens County, payable in equal monthly installments and at that time, subsection (a) shall become null and void.

(c) The salary prescribed for the Sheriff of Pickens County pursuant to subsection (b) shall be 63 percent of the annual salary prescribed by law for the District Judge of Pickens County, and shall increase in the amount as the salary of the district judge is increased by law. If the implementation of any increase in the salary of the District Judge of Pickens County increases the salary of the sheriff during his or her term of office, the increase shall be paid as expense allowance until the beginning of the next term of office, whereupon the amount of the expense allowance shall be included in the salary for the sheriff and the expense allowance at that time shall become null and void. Notwithstanding the foregoing, the county shall pay the salary increase during a term of office at the beginning of the next fiscal year after the implementation of the increase if payment of the increase shall at any time become authorized by an amendment to the Constitution of Alabama of 1901.

(d) Any expense allowance provided for by this section and the annual salary of the Sheriff of Pickens County provided for by this section, whether enacted herein or implemented after April 29, 1999, shall be payable in equal installments out of the general fund of the county, out of the county public highway and traffic fund, or any other fund available to the Pickens County Commission, as the Pickens County Commission shall direct.
Ala. Code § 45-45-220.01 — Alabama Code / Title 45 / Chapter 45 / Section 45-45-220.01
Section 45-45-220.01 Authorization to Prepare Certain Sites and Adjacent Property - Hazel Green Area
Status: in_force

(a) The Madison County Commission may prepare sites and adjacent property in the county, accessible by the public, for parks and recreational and public purposes if the prepared property is owned by a tax-exempt nonprofit corporation operating Trojan Park in the Hazel Green area which serves the public.

(b) The Madison County Commission may expend public funds for site preparation as provided in subsection (a).
Ala. Code § 45-53-242 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-242
Section 45-53-242 Tax on Sale, Distribution, Storage, or Use of Malt or Brewed Beverages Outside Municipal Limits of Marion and Uniontown
Status: in_force

(a) In Perry County, in addition to all other taxes heretofore provided by law, the county commission is authorized to levy an additional privilege, license, or excise tax imposed upon every seller, distributor, storer, or user of any malt or brewed beverages (including beer, lager beer, ale, porter, or similar fermented malt liquor containing one-half of one percent or more of alcohol by volume) in the county but outside the corporate limits of the Municipalities of Marion and Uniontown. The additional tax shall be an amount equal to two cents ($0.02) on each 12 fluid ounces or fractional part thereof, of malt or brewed beverages sold, used, consumed, or distributed in the county but outside the corporate limits of the Municipalities of Marion and Uniontown. The tax shall be in addition to all other taxes heretofore or hereafter levied on such beverages; provided, that where the amount of the tax imposed by this section shall have been paid to the county by any seller, distributor, dealer, or user, such payment shall be sufficient, the intent being that the tax levied by this section shall be paid but once.

(b) The proceeds of the tax imposed by this section shall be paid into the general fund in the county.
Ala. Code § 45-31-230 — Alabama Code / Title 45 / Chapter 31 / Section 45-31-230
Section 45-31-230 Salary
Status: in_force

Commencing with the next term of office beginning January 1999, the Sheriff of Geneva County shall receive an annual salary of forty-five thousand dollars ($45,000), in lieu of any and all salary now provided by law.
Ala. Code § 45-17A-50.03 — Alabama Code / Title 45 / Chapter 17A / Section 45-17A-50.03
Section 45-17A-50.03 Civil Service Board - Composition; Meetings
Status: in_force

(a) On June 18, 1999, the current board members shall complete their term of office. The board shall be composed of five members designated, respectively, as Member No. 1, Member No. 2, Member No. 3, Member No. 4, and Member No. 5. Each member shall be of recognized good character and ability and a resident and qualified elector of the city. No person shall be eligible for membership on the board who holds any civil office of profit under the city, county, or state. No employee or official of the City of Muscle Shoals shall serve as a member of this board.

(b) The members of the board shall be appointed as follows:

(1) Members No. 1, No. 2, No. 3, and No. 4 shall be appointed by the mayor and city council.

(2) Member No. 5 shall be elected by the covered employees pursuant to guidelines established by the mayor and city council.

(c) As the term of each member shall expire, the proper appointing body shall appoint the successor to a term of three years. The proper appointing body shall fill vacancies for an unexpired term.

(d) Any member of the board may be terminated by the majority vote of the mayor and city council when his or her service to the board, including excessive absenteeism or personal conduct, is considered to be detrimental to the effectiveness or reputation of the board or the city. The mayor and city council may initiate termination action or may react in response to a written request from the majority of the board members when they deem the action is warranted. Specific administrative procedures to accomplish termination action shall be included in the adopted rules and regulations.

(e) The board shall meet at least once a month or as often as necessary in the municipal building or at another convenient place designated by the board on a date and at an hour to be fixed by its rules and regulations. Three members of the board shall constitute a quorum.

(f) The board shall annually elect one of its members as chair.

(g) Every person appointed to the board shall within 15 days after his or her appointment qualify by making written oath that he or she is eligible for the office and that he or she will faithfully perform the duties of the office. The oath shall be administered by a person authorized to administer oaths with a copy filed with the city clerk.
Ala. Code § 45-55-81.46 — Alabama Code / Title 45 / Chapter 55 / Section 45-55-81.46
Section 45-55-81.46 Books, Records, and Blanks
Status: in_force

The Comptroller, the state Department of Revenue, and the state Department of Finance shall furnish the Judge of Probate of Pike County all books, records, and blanks now or hereafter required by law to be furnished to judges of probate, tax assessors, tax collectors, revenue commissioners, or license commissioners in connection with the performance of their duties in the issuance of automobile license plates, and the assessment and collection of the ad valorem tax on motor vehicles.
Ala. Code § 45-37-123.105 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-123.105
Section 45-37-123.105 Offset of Benefits for Rehired Retired Members by Amounts Payable by County
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-242 EFFECTIVE APRIL 5, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 45-37A-51.221 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-51.221
Section 45-37A-51.221 Minimum and Maximum Normal Retirement Benefit
Status: in_force

(a) The minimum retirement benefit payable under Section 45-37A-51.220 shall be four hundred dollars ($400) per month. The maximum normal retirement benefit payable under Section 45-37A-51.220 shall be 75 percent of final average salary, exclusive of sick leave bonus. Notwithstanding the foregoing and to the extent applicable to governmental plans as defined in § 414(d), Internal Revenue Code, in no event may the normal retirement benefit exceed the annual dollar limits imposed by § 415(b), Internal Revenue Code, excluding contributions under § 414(h)(2), Internal Revenue Code. Further, no post severance compensation shall be included for any benefit hereunder. Post severance compensation means amounts paid by the later of: (1) Two and one-half months after an employee’s severance from employment with the employer; or (2) the end of the limitation year that includes the date of severance from employment with the employer; and those amounts would have been included in the definition of compensation if they were paid prior to the employee’s severance from employment. However, the payment shall be for (1) unused accrued bona fide sick, vacation, or other leave, but only if the employee would have been able to use the leave if the employee had continued in employment; or (2) received by an employee pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the employee at the same time if the employee had continued in employment with the employer and only to the extent that the payment is includible in the employee’s gross income. Notwithstanding the foregoing, in all events no benefit payments shall exceed limits imposed on governmental plans by applicable law.

(b)(1) Notwithstanding anything to the contrary contained in subsection (a), yet subject to subsection (c):

a. All participants who first become participants on or after July 1, 2017, shall be entitled to the minimum retirement benefit payable under Section 45-37A-51.220 in the amount of four hundred dollars ($400) per month.

b. The maximum normal retirement benefit payable under Section 45-37A-51.220 shall be 67.5 percent of final average salary, exclusive of sick leave bonus.

(2) Notwithstanding the foregoing and to the extent applicable to governmental plans as defined in § 414(d), Internal Revenue Code, in no event shall the normal retirement benefit exceed the annual dollar limits imposed by § 415(b), Internal Revenue Code, excluding contributions under § 414(h)(2), Internal Revenue Code. No post severance compensation shall be included for any benefit under this section. Post severance compensation means amounts paid by the later of: (1) Two and one-half months after an employee’s severance from employment with the employer; or (2) the end of the limitation year that includes the date of severance from employment with the employer; and those amounts would have been included in the definition of compensation if they were paid prior to the employee’s severance from employment. However, the payment shall be for: (1) Unused accrued bona fide sick, vacation, or other leave, but only if the employee would have been able to use the leave if the employee had continued in employment; or (2) received by an employee pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the employee at the same time if the employee had continued in employment with the employer and only to the extent that the payment is includible in the employee’s gross income. Notwithstanding the foregoing, in all events no benefit payments shall exceed limits imposed on governmental plans by applicable law.

(c)(1) Notwithstanding anything to the contrary contained in subsection (a) or (b), all participants who first become participants on or after July 1, 2021, other than fire and police employees, shall be entitled to all of the following:

a. The minimum retirement benefit, payable under Section 45-37A-51.220, in the amount of four hundred dollars ($400) per month, determined prior to the calculation of any survivor’s benefit election.

b. The maximum normal retirement benefit, payable under Section 45-37A-51.220, of 52.5 percent of final average salary, exclusive of sick leave bonus.

(2) Notwithstanding the foregoing and to the extent applicable to governmental plans as defined in § 414(d), Internal Revenue Code, in no event shall the normal retirement benefit exceed the annual dollar limits imposed by § 415(b), Internal Revenue Code, excluding contributions under § 414(h)(2), Internal Revenue Code. No post severance compensation shall be included for any benefit under this section. Post severance compensation means amounts paid by the later of: a. Two and one-half months after an employee’s severance from employment with the employer; or b. the end of the limitation year that includes the date of severance from employment with the employer; and those amounts would have been included in the definition of compensation if they were paid prior to the employee’s severance from employment. However, the payment shall be for: a. Unused accrued bona fide sick, vacation, or other leave, but only if the employee would have been able to use the leave if the employee had continued in employment; or b. received by an employee pursuant to a nonqualified unfunded deferred compensation plan, but only if the payment would have been paid to the employee at the same time if the employee had continued in employment with the employer and only to the extent that the payment is includible in the employee’s gross income. Notwithstanding the foregoing, in all events no benefit payments shall exceed limits imposed on governmental plans by applicable law.
Ala. Code § 45-28-21.01 — Alabama Code / Title 45 / Chapter 28 / Section 45-28-21.01
Section 45-28-21.01 Regulation of Sale and Distribution of Alcoholic Beverages on Sunday - Unincorporated Areas
Status: in_force

(a) The voters in the unincorporated area of Etowah County may authorize the sale of alcoholic beverages within the unincorporated area of the county on Sunday by an election pursuant to this section, in the following manner:

The county commission, by resolution, may call an election to determine the sentiment of the voters residing outside the corporate limits of any municipalities within the county, as to whether alcoholic beverages may be legally sold or distributed on Sunday in the unincorporated area of the county as further provided for and regulated by ordinance of the county commission.

(b) On the ballot to be used for the election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages outside the corporate limits of any municipalities within the county on Sunday as further provided for and regulated by ordinance of the county commission? Yes ___ No ___.”

(c) The first election and any subsequent elections shall be held and the officers appointed to hold the election in the manner at the general election in November 2016, and the returns thereof tabulated and results certified as provided by law for county elections. Any Sunday sales election shall be held as provided in this section as a special election or at any subsequent countywide election not less than 30 days following the date of the resolution.

(d) Notice of the election shall be given by the judge of probate by publication or by posting the notice at the courthouse apprising the voters of the unincorporated area of the county, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the unincorporated area of the county on Sunday. The cost of the election shall be paid out of the general fund of the county.

(e) Only qualified voters of the unincorporated area of the county may vote in the election. If a majority of the voters voting in the election vote “Yes,” alcoholic beverages can be legally sold or dispensed outside the corporate limits of any municipalities in the county on Sunday by licensees of the Alcoholic Beverage Control Board and the county serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by the county commission. The county commission may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales in the unincorporated area of the county.

(f) If a majority of the voters voting in the election vote “No,” alcoholic beverages may not be sold or dispensed in the unincorporated area of the county on Sunday, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this section.

(g) The provisions of this section are cumulative and supplemental to the present power and authority of the county and are not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the county now permitted under the general laws of the state, or under any local or special act of the Legislature.
Ala. Code § 45-37-190 — Alabama Code / Title 45 / Chapter 37 / Section 45-37-190
Section 45-37-190 Jefferson County Legislative Delegation Office
Status: in_force

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

(b) There is hereby established the Jefferson County Legislative Delegation Office. The personnel for the legislative delegation office shall be selected and serve at the pleasure of the delegation. The employees shall receive the same benefits and be subject to the same rules and regulations as employees of the state Merit System regarding retirement, leave accrual and usage, and insurance benefits.
Ala. Code § 45-35A-50.01 — Alabama Code / Title 45 / Chapter 35A / Section 45-35A-50.01
Section 45-35A-50.01 Regulation of Sales for Off-Premises Consumption
Status: in_force

(a) This section applies only in the City of Dothan.

(b) Subject to subsection (c), the sale of alcoholic beverages for off-premises consumption on Sundays between the hours of 1:00 P.M. and midnight is authorized within the city by properly licensed retail licensees of the Alcoholic Beverage Control Board.

(c) The city governing body shall hold a referendum to determine if alcoholic beverages for off-premises consumption may be sold on Sundays. If a majority of the voters voting thereon in the city vote in favor of the question, then the sale of alcoholic beverages for off-premises consumption on Sundays shall be authorized.

(d) The referendum shall be held at the next general election held in the city. Costs of the referendum shall be paid by the city. If a majority of the voters voting thereon do not vote in favor of the question, a subsequent referendum or referenda may be held. A second or subsequent referendum shall not be held within one year following a referendum which fails to be approved by the voters of the city.
Ala. Code § 45-2-234.01 — Alabama Code / Title 45 / Chapter 2 / Section 45-2-234.01
Section 45-2-234.01 Definitions
Status: in_force

As used in this subpart, the following words have the following meanings:

(1) APPOINTED EMPLOYEE. A limited class of employees who serve at the pleasure of the sheriff. These employees are the chief deputy, chief corrections officer, chief civil deputy, financial officer, and personnel officer.

(2) APPOINTING AUTHORITY. The Sheriff of Baldwin County.

(3) BOARD. The Sheriff’s Office Personnel Appeals Board established by this subpart.

(4) COUNTY. Baldwin County.

(5) EMPLOYEE. Any law enforcement officer, radio operator, corrections officer, and law enforcement support personnel, not excepted by Section 45-2-234.02, who is employed by the Sheriff of Baldwin County.

(6) MERIT EMPLOYEE. Any employee who has completed 12 months of probationary employment, either prior to transferring to the Sheriff’s Personnel Merit System, after transferring to the Sheriff’s Personnel Merit System, or a combination of both the county system and the Sheriff’s Personnel Merit System.
Ala. Code § 45-37A-42.06 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-42.06
Section 45-37A-42.06 Order of Administrative Hearing Officer; Judicial Review
Status: in_force

(a) Following an administrative hearing, the Administrative Hearing Officer shall issue an order stating:

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

(2) If the person is found to be liable, the amount of the fine assessed against the person, along with the fees and costs provided for herein.

(b) Orders issued under this section may be filed in the office of the judge of probate in any county in Alabama, 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 administrative hearing may challenge that finding of civil liability in the Jefferson County Circuit Court, by filing a petition for judicial review with the Jefferson County Circuit Court. The petition for judicial review must be filed not later than the 14th day after the date on which the Administrative Hearing Officer entered the finding of civil liability. The filing of a petition for judicial review shall stay the enforcement of the fine. After a petition for judicial review has been filed, civil liability will be determined by the circuit court by trial de novo pursuant to the jurisdiction granted in Section 12-11-30.
Ala. Code § 45-14-81 — Alabama Code / Title 45 / Chapter 14 / Section 45-14-81
Section 45-14-81 District Attorney’s Fund
Status: in_force

(a) The District Attorney for the 40th Judicial Circuit shall maintain and keep a special fund known as the District Attorney’s Fund. Any funds on deposit in the treasuries of the counties in the circuit that generally would be designated for appropriation to the District Attorney’s Fund shall be transferred to the office of the district attorney to be deposited and maintained in the District Attorney’s Fund.

(b) All fees taxed as costs and collected in all criminal cases heretofore paid to the respective county treasuries in the circuit for the District Attorney’s Fund shall be paid directly to the district attorney for deposit into the District Attorney’s Fund. All other fees collected by the district attorney including, but not limited to, fees collected by the Worthless Check Unit and fees collected by forfeiture shall also be deposited in this fund.

(c) The district attorney shall make expenditures from the District Attorney’s Fund for expenses incurred in performing the duties of his or her office.
Ala. Code § 45-34-240 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-240
Section 45-34-240 Salary, Cost of Living Increases, and Expense Allowances
Status: in_force

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

(b) The total compensation, including salary, cost of living increases, and expense allowances, paid to the revenue commissioner under general law and Act 2003-152 of the 2003 Regular Session (Acts 2003, p. 455), are hereby ratified and confirmed as the proper compensation for the revenue commissioner, and shall continue as the total compensation, including salary, cost of living increases, and expense allowances, paid to the revenue commissioner until such time as the requirements of Section 11-2A-4, have been met.
Ala. Code § 45-46-84.25 — Alabama Code / Title 45 / Chapter 46 / Section 45-46-84.25
Section 45-46-84.25 Vehicle Information Required for Assessment
Status: in_force

Before any vehicle can be assessed, the judge of probate shall be furnished the tag number presently on the vehicle unless such vehicle is new, in which case the judge of probate shall be furnished a bona fide bill of sale from the dealer showing when the vehicle was bought new. In the case of a used car brought into the state from a state which provides that upon sale or transfer of the motor vehicle the tags are either surrendered to an appropriate authority or subsequently reissued by the seller, the judge of probate shall be furnished a bona fide certificate of title properly assigned which shows when the car was sold to an individual, firm, corporation, or association, living or operating in this state. If such tag number or bill of sale or certificate of title is not furnished, the vehicle shall be presumed to have been in the state the entire year for which taxes are being assessed.
Ala. Code § 45-30-140.12 — Alabama Code / Title 45 / Chapter 30 / Section 45-30-140.12
Section 45-30-140.12 Construction; Powers to Set District Lines
Status: in_force

This article is supplemental and may not be construed to repeal any law not in conflict with this article. The county commission of Franklin County shall retain the right to set district lines, except as provided in this article.
Ala. Code § 45-16-82.28 — Alabama Code / Title 45 / Chapter 16 / Section 45-16-82.28
Section 45-16-82.28 Treatment Programs; Drug Testing
Status: in_force

The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an in-patient or out-patient basis or receive other treatment alternatives deemed by the district attorney to be in the best interest of the offender and society. The district attorney may require the offender to submit to periodic or random drug or other testing as a part of the pretrial diversion program and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney after considering the offender’s ability to pay.
Ala. Code § 45-4-244 — Alabama Code / Title 45 / Chapter 4 / Section 45-4-244
Section 45-4-244 Levy of Tax; Exemptions; Disposition of Funds
Status: in_force

(a) The Bibb County Commission is hereby authorized to levy and provide for the collection of an additional sales and use tax, paralleling the state sales and use taxes, on any sales and use in Bibb County in an amount of one cent ($.01) per dollar of gross sales or usage.

(b) There are exempted and excluded from the provisions of this section the same exemptions and exclusions applicable to the state sales and use taxes.

(c) The proceeds from the taxes provided for herein shall be collected by the State Department of Revenue. The proceeds, less any costs of collection, shall be deposited without delay into the Bibb County Treasury. The amount deducted from the proceeds by the Department of Revenue for the cost of collection shall be an amount equivalent to five percent of the revenue collected hereunder.

(d) The State Department of Revenue shall have the same authority to enforce the provisions of this section that it has to enforce the provisions of the state sales and use tax laws.
Ala. Code § 45-42-244 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-244
Section 45-42-244 Use of Proceeds for Indigent Health Care
Status: in_force

The Limestone County Commission is hereby authorized and empowered to use, and pay from, the unencumbered proceeds of any and all special county tax or taxes levied pursuant to Amendment 125, Constitution of Alabama of 1901, to defray the expense of indigent health care in Limestone County, to pay obligations of Limestone County pursuant to the Alabama Health Care Responsibility Act, Sections 22-21-290 to 22-21-297, inclusive, or otherwise to fund indigent health care for Limestone County, including acquiring, constructing, equipping, operating, and maintaining public hospitals, public clinics, public health centers, and related public health facilities of any kind, or for any one or more of the purposes included within the meaning of the term public hospital purposes, for the purpose of providing hospital care and treatment for indigent residents of the county, or for the purpose of matching any state or federal funds made available for use in providing hospital care and treatment for indigent residents of the county. If any portion of the proceeds of such tax or taxes shall have been pledged to the payment of any bonds, warrants, notes, or other obligations or evidences of indebtedness, such portion of the proceeds of the tax as shall have been so pledged shall not be used for any purpose except in payment of such bonds, warrants, notes, or other obligations or evidences of indebtedness.
Ala. Code § 45-57-82.20 — Alabama Code / Title 45 / Chapter 57 / Section 45-57-82.20
Section 45-57-82.20 Employment of Investigators; Authority and Duties of the Officers
Status: in_force

(a) The District Attorney of the Twenty-sixth Judicial Circuit composed of Russell County may appoint a chief investigator and from time to time additional investigators. The chief investigator and other investigators shall serve at the pleasure of the district attorney. The chief investigator and other investigators shall meet the minimum standards for law enforcement officers and hold a current certification from the Alabama Peace Officers’ Standards and Training Commission.

(b) The chief investigator and other investigators shall have the same powers and authorities as deputy sheriffs and other law enforcement officers in this state. The investigators shall be paid in the same manner as other employees in the district attorney’s office. The investigators shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.
Ala. Code § 45-8A-23.141 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-23.141
Section 45-8A-23.141 Miscellaneous Revenues - Measure of Estimates
Status: in_force

No miscellaneous revenue from any source shall be included as an anticipated revenue in the budget in an amount in excess of the average of the amount actually realized in cash from the same source in the next preceding fiscal year, and that actually realized in the first 10 months of the current fiscal year plus that to be received in the remaining two months of the year estimated as accurately as may be, unless the city manager shall determine that the facts clearly warrant the expectation that such excess amount will actually be realized in cash during the budget year and shall certify such determination in writing to the council.
Ala. Code § 45-34-171.03 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-171.03
Section 45-34-171.03 Licensing and Operation of Junkyards
Status: in_force

(a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 45-34-171, but not limited to those items, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any highway, without obtaining a county license to do so from the county commission through the Henry County License Commissioner or other like official. No license shall be granted except for those junkyards which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the highway or any adjoining real property. The operation of an unlicensed junkyard required to be licensed pursuant to this section constitutes a public nuisance.

(b) The county commission shall adopt regulations and requirements for issuing licenses for the operation of junkyards within the limits defined in this part, and may revoke the licenses at any time the junkyard fails to conform to the requirements of this part, and shall charge a license fee of not more than one thousand dollars ($1,000), and not less than one hundred dollars ($100) payable each fiscal year. The license fee shall be in addition to the license fee required under Section 23-1-244. All licenses issued under this part shall expire on September 30 following the date of issue. Licenses shall be renewed from year to year upon payment of the fee. Proceeds from the fees shall be deposited in the general fund of the county.
Ala. Code § 45-27-90.04 — Alabama Code / Title 45 / Chapter 27 / Section 45-27-90.04
Section 45-27-90.04 Powers of Authority
Status: in_force

The authority or its agents and employees may do all of the following:

(1) Investigate, study, and engage in basic research relative to the natural resources of land, water, minerals, and people in the county and apply its findings in efforts to promote a sound and balanced agricultural, industrial, and economic development of the county.

(2) Cooperate with municipal, regional, state, or federal planning or other industrial development authorities.

(3) Publicize and advertise the industrial, commercial, and agricultural resources and opportunities in the county.

(4) Collect, compile, and distribute literature concerning the facilities, advantages, and attractions of the county, the educational, historic, recreational, and scenic places of interest within the county, and the air, water, and highway transportation facilities.

(5) Contract with other agencies, individuals, or corporations to promote the purposes of this article, and expressly to contract with any municipality in the county, not having an industrial development board, to act as the development agency for such municipality, and as such agency to exercise all powers granted to municipal development agencies under the general laws of the state.

(6) Enter upon any land in the county, with consent of the owner, and make examinations and surveys and place and maintain necessary monuments and markings thereon.

(7) Accept gifts, grants, bequests, or devises.

(8) Acquire land for industrial park development and construct buildings for lease, for industrial development only.

(9) Issue bonds and incur debt for the purpose of carrying out the function of industrial development of Escambia County.
Ala. Code § 45-41-111 — Alabama Code / Title 45 / Chapter 41 / Section 45-41-111
Section 45-41-111 Compensation
Status: in_force

(a)(1) In Lee County, all chief election inspectors who work at polling places are entitled to an additional per diem allowance in an amount, together with any other allowances, which shall total one hundred dollars ($100) per day, plus fifteen dollars ($15) per day for actual attendance at the school of instructions held prior to each election.

(2) In Lee County, all other election officials who work at polling places are entitled to an additional per diem allowance in an amount, together with any other allowances, which shall total seventy-five dollars ($75) per day, plus fifteen dollars ($15) per day for actual attendance at the school of instructions held prior to each election.

(3) The compensation provided for in this section shall be paid from the general fund of the county.

(b) Any actions taken by the Lee County Commission in the appropriation and expenditure of county funds in the payment of additional compensation or allowances to chief election inspectors and all other election officials who worked at polling places in Lee County from November 5, 2000, and prior to May 14, 2004, for duties performed are ratified and confirmed.
Ala. Code § 45-51-72 — Alabama Code / Title 45 / Chapter 51 / Section 45-51-72
Section 45-51-72 Board of Revenue
Status: in_force

(a) There is established a board consisting of five persons, to be called the Board of Revenue of Montgomery County.

(b) The members of the board shall be appointed by the Governor, and shall hold their office for the term of four years, and until their successors are qualified, and in case of a vacancy the same shall be filled by the Governor, upon certificate of such vacancy by the remaining members of the board.

(c) The board shall have power and authority to direct and control the property of the county as it may deem expedient, according to law; to levy a general tax for general, and a special tax for particular county purposes, according to the provisions of this code; to examine, settle, and allow all accounts and claims chargeable against the county; to examine and audit the accounts of all officers having the care, management, collection, or disbursement of money belonging to the county, or appropriated for its use and benefit; to have exclusive control of the convict labor of the county and the disbursement of the proceeds of the same; and the sole right and authority to bind the County of Montgomery on any contract for the payment of money.

(d) The board shall exercise the same supervising control over the tax collector and tax assessor of the county, their bonds, and removal from office, as is now required by law of the commissioners court of the county.

(e) The board shall have exclusive jurisdiction of the matter of insolvencies and errors in the assessment and collection of the taxes as is now exercised by the commissioners court of the county.

(f) The board shall have power and authority to compromise the outstanding debt of Montgomery County; to examine into and pass upon the legality of warrants already issued; to classify and register outstanding warrants, and may pledge the credit of the county to raise money to discharge the same.

(g) The board shall elect one of its members to be presiding officer when in session, and who shall determine all matters in the event of a tie in the vote of the other members, and who shall sign the minutes of the proceedings of the board. And the board shall also elect another member as clerk, who shall keep an office at or near the court house of the county, and whose duty it shall be to receive and prepare business and obtain information for the sessions of the board, and to see to the execution of all orders thereof, and to report to the board all infractions of the revenue law in the county, of which he or she can obtain authentic information, to keep proper records of the proceedings of the board in well bound volumes, provided for that purpose, and which shall always be open to the inspection of the citizens of the county, and generally to do and perform such matters as may be required of him or her by the board. The board, at any time, may change its president or clerk.

(h) The Montgomery County Commission shall hold four sessions annually, viz: on the second Monday of February and April and November, and on the third Monday in August, and may hold a special session at any time upon the call of the chair or any two members of the commission. Notice of special sessions shall be given to a newspaper published in the City of Montgomery.

(i) A majority of the board shall constitute a quorum for the transaction of business, and no funds belonging to the county shall be drawn, except as authorized by the board, and a proper list and registry of all sums drawn, and of the nature of the claim, and of the person in whose favor drawn, shall be kept by the clerk of the board.

(j) The clerk of the board shall receive for his or her services a salary of not less than one thousand dollars ($1,000) nor more than fifteen hundred dollars ($1,500), according to the extent of his or her usefulness, to be determined by the other members of the board; and the other members of the board shall be allowed two dollars ($2) per diem while in session, and mileage at the rate of five cents ($.05) per mile to and from the place of meeting, the whole compensation in no case to exceed the sum of one hundred dollars ($100) per annum to any of such members.

(k) It shall be the duty of the clerk of each court in the county, and of the register in chancery, to render to the board, within 10 days after the adjournment of the court, a list, under oath, of all fines and forfeitures taken during such term for the use of the county, and of all taxes upon cases decided at such term.
Ala. Code § 45-8A-111.05 — Alabama Code / Title 45 / Chapter 8A / Section 45-8A-111.05
Section 45-8A-111.05 Amendments to Certificate of Incorporation
Status: in_force

(a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and which amendment may include any matters which might have been included in the original certificate of incorporation.

(b) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chairman of the board and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the city, requesting such governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with such documents in support of the application as the chairman may consider appropriate. As promptly as may be practicable after the filing of the application with the governing body of the city pursuant to the foregoing provisions of this section, that governing body shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. Such governing body shall also cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.

(c) Within 40 days following the adoption by the governing body of the city of a resolution approving the proposed amendment the chairman of the board of the authority and the secretary of the authority shall sign, and file for record in the office of the Judge of Probate of Calhoun County a certificate in the name of and in behalf of the authority under its seal reciting the adoption of the respective resolutions by the board and by the governing body and setting forth the proposed amendment. The judge of probate for such county shall thereupon record such certificate in an appropriate book in his or her office. When such certificate has been so filed and recorded, such amendment shall become effective and the certificate of incorporation shall thereupon be amended to the extent provided in the amendment. No certificate of incorporation of the authority shall be amended except in the manner provided in this section.
Ala. Code § 45-36-241.43 — Alabama Code / Title 45 / Chapter 36 / Section 45-36-241.43
Section 45-36-241.43 Charge and Collection of Fees
Status: in_force

Except as herein provided, the revenue commissioner shall be entitled to charge and collect the same fees that are provided for by law. For the performance of duties relative to the recording of the transfer of the ownership of motor vehicles as prescribed in this code the revenue commissioner shall charge and collect a fee of one dollar twenty-five cents ($1.25). All such fees shall be the property of the county and shall be paid to the general fund of the county. Refunds for licenses issued by mistake of fact or law shall be made under the conditions and in the manner prescribed by this code.
Ala. Code § 45-50-245.67 — Alabama Code / Title 45 / Chapter 50 / Section 45-50-245.67
Section 45-50-245.67 Disposition of Funds
Status: in_force

(a) All taxes collected under this subpart shall be remitted to Monroe County and deposited in the Monroe County Highway Repair and Maintenance Fund created in Section 45-50-245.66 to be used for paving of existing unpaved roads and the maintenance, repair, and replacement of existing public roads, highways, and bridges in the county. The funds shall not be used for any of the following:

(1) Salaries, benefits, or any other form of compensation for state or contract employees, except as included in direct project costs.

(2) The purchase or lease of new equipment, other than equipment purchased and permanently installed as a part of a road or bridge project authorized in this subsection.

(3) The purchase of herbicides.

(b) By December 1 of each year, the county commission shall annually certify to the Department of Examiners of Public Accounts that the proceeds from the tax provided for in this subpart are used solely for paving of existing unpaved roads and the maintenance, repair, and replacement of existing public roads, highways, and bridges in the county as provided in subsection (a).
Ala. Code § 45-25-92.04 — Alabama Code / Title 45 / Chapter 25 / Section 45-25-92.04
Section 45-25-92.04 Industrial Development Authority - Powers
Status: in_force

The authority or its agents or employees may do the following:

(1) Investigate, study, and engage in basic research relative to the natural resources of land, water, minerals, and people in the county and apply its findings in efforts to promote a sound and balanced agricultural, industrial, and economic development of the county.

(2) Cooperate with municipal, regional, state, or federal planning or other industrial development authorities.

(3) Publicize and advertise the industrial, commercial, and agricultural resources and opportunities in the county.

(4) Collect, compile, and distribute literature concerning the facilities, advantages, and attractions of the county, the educational, historic, recreational, and scenic places of interest within the county, and the air, water, and highway transportation facilities.

(5) Contract with other agencies, individuals, or corporations to promote the purposes of this part, and expressly to contract with any municipality in the county, not having an industrial development board, to act as the development agency for such municipality, and as such agency to exercise all powers granted to municipal development agencies under the general laws of the state.

(6) Enter upon any land in the county, with the consent of the owner, and make examinations and surveys and place and maintain necessary monuments and markings thereon.

(7) Accept gifts, grants, bequests, or devises.

(8) Acquire land for industrial park development and construct buildings for lease, for industrial development only.
Ala. Code § 45-37A-351.02 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-351.02
Section 45-37A-351.02 Special Ad Valorem Tax for Public School Purposes
Status: in_force

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

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

(2) AMENDMENT 325. That amendment to the constitution that was proposed by Act 116, H. 56, 1971 Third Special Session.

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

(4) CITY. Mountain Brook, Alabama.

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

(6) COUNCIL. Mountain Brook City Council.

(7) 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 May 20, 1947, and levied and collected on taxable property in the city; being originally voted at the rate of 5 mills on each dollar of assessed value and, pursuant to proceedings heretofore taken under Amendment 325 and Amendment 373, presently levied at the rate of 10.6 mills on each dollar of assessed value.

(b) The city presently levies and collects the special tax at a rate of $1.06 on each one hundred dollars (10.6 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 not greater than 12 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 $2.26 on each one hundred dollars (22.6 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 $2.26 on each one hundred dollars (22.6 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 the provisions of subsection (f) of Amendment 373.
Ala. Code § 45-32-151.01 — Alabama Code / Title 45 / Chapter 32 / Section 45-32-151.01
Section 45-32-151.01 Combined Pari-Mutuel Pools and Takeout for Televised Racing Events
Status: in_force

With respect to greyhound racing events that are conducted at the Greene County Racetrack and are transmitted by television to other locations, the racing operator may create and administer pari-mutuel pools that, in addition to bets made by bettors at the Greene County Racetrack, include bets made by bettors at one or more of the locations receiving the televised racing events. With respect to horse or greyhound racing events that are conducted at racetracks other than the Greene County Racetrack and are received by television at the Greene County Racetrack, the racing operator may participate in pari-mutuel pools, created and administered by the racetrack conducting the televised events, that include bets made by bettors at the Greene County Racetrack as well as bets made by bettors at the racetrack conducting the televised events and other locations receiving the televised events. Pari-mutuel pools that include bets made by bettors at both the Greene County Racetrack and other locations are herein referred to as combined pools. The amount allowed to the racing operator as the takeout with respect to pari-mutuel pools bet at the Greene County Racetrack on horse or greyhound racing events that are received by television from elsewhere shall be the same as the takeout that would be allowed by applicable law on the same kind of pari-mutuel pools bet on live greyhound racing at the Greene County Racetrack; provided, however, that with respect to horse or greyhound racing events received by television at the Greene County Racetrack, the racing operator, in order to enable bettors at the Greene County Racetrack to participate fully in combined pools, may adjust the takeout for bets placed at the Greene County Racetrack to match the takeout required for the combined pools administered by the racetrack operator transmitting such racing events.
Ala. Code § 45-29-120.08 — Alabama Code / Title 45 / Chapter 29 / Section 45-29-120.08
Section 45-29-120.08 Merit System Board - Assistants and Materials
Status: in_force

The Deputy Sheriff’s Association of Fayette County shall provide the board with materials and secretarial help when needed during meetings and shall assign an area from time to time for the board meetings. It shall also provide filing cabinets and storage space for the board.
Ala. Code § 45-42-122.02 — Alabama Code / Title 45 / Chapter 42 / Section 45-42-122.02
Section 45-42-122.02 Personnel Rules and Regulations; Removal of Employees
Status: in_force

All employees of the county as herein defined shall be subject to the personnel rules and regulations in or promulgated pursuant to this part. Present employees and those who may hereafter be employed shall remain in their respective employments during good behavior, efficiency, and adherence to such rules and regulations as, from time to time, may be prescribed by the board. Nothing herein contained shall be construed to prevent or preclude the removal of an employee for cause in the manner defined and provided by the board, and nothing herein contained shall be construed to prevent or preclude the removal of an employee or employees, in the sole discretion of the board, for purposes of cost or budget reduction, and no present employee shall be subject to any examination in order to hold his or her present job.
Ala. Code § 45-15-80.04 — Alabama Code / Title 45 / Chapter 15 / Section 45-15-80.04
Section 45-15-80.04 Service of Civil Papers or Documents
Status: in_force

(a) In Cleburne County, in addition to all other fees or costs levied, there shall be taxed as costs the sum of seven dollars ($7) in the service of any papers or documents by the sheriff or any deputy sheriff arising out of any civil or quasi-civil proceeding at law or in equity, whether such proceeding is in any inferior court, municipal court, district court, or circuit court and whether such proceeding is filed in or arising in any of the courts, or on appeal, certiorari, or otherwise to the district court or the circuit court. The costs shall be collected in the same manner as other costs in such cases in the respective courts.

(b) All funds generated by this section shall be paid into the General Fund of Cleburne County, designated for the “Sheriff’s Department Fund,” and shall be used for the costs and expenses incurred and related to the service of said civil papers or documents.
Ala. Code § 45-37A-54.74 — Alabama Code / Title 45 / Chapter 37A / Section 45-37A-54.74
Section 45-37A-54.74 Exemption from Taxation
Status: in_force

All property of the authority shall be exempt from state, county, and city taxation; and the authority shall be exempt from license or privilege taxes levied by the state, county, or city upon the business or activities conducted or engaged in by the authority. This exemption shall not be construed to exempt concessionnaires or lessees of the authority from the payment of any taxes, including licenses or privilege taxes levied by the state, county, or city.
Ala. Code § 45-53-243.04 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-243.04
Section 45-53-243.04 Reports to the Commission
Status: in_force

Within 30 days after any tax shall have been levied under this part, every distributor, storer, or retail dealer engaged in the sale or withdrawal of gasoline or motor fuel in the county shall make a report on blanks furnished under Section 45-53-243.01, showing the place and post office address at which he or she is engaged in the business of distributor or storer or retail dealer in gasoline or motor fuel, which information shall be entered by the county commission on a book kept for that purpose. Should such distributor, storer, or retail dealer move his or her place of business from one business address to another, he or she shall within 30 days thereafter notify the county commission of such removal, giving the former place and post office address and also the place and post office address to which his or her place of business has been removed. After the tax imposed under this part has become effective, no person shall become a distributor, storer, or seller of gasoline or motor fuel in the county until he or she shall have made the required reports to the county commission.
Ala. Code § 45-53-80.01 — Alabama Code / Title 45 / Chapter 53 / Section 45-53-80.01
Section 45-53-80.01 Additional Court Cost for Retirement of County Jail Obligations
Status: in_force

In Perry County, in any case in which court costs are assessed in the district and circuit courts of the county, there shall be assessed and collected as other costs and charges are collected an additional court cost in the amount of fifty dollars ($50) which shall be used solely to retire county jail obligations.
Ala. Code § 45-35-232.35 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.35
Section 45-35-232.35 Procedures Cumulative
Status: in_force

The procedures prescribed in this subpart shall be cumulative and in addition to all other bail and release procedures provided by law.
Ala. Code § 45-43-246.37 — Alabama Code / Title 45 / Chapter 43 / Section 45-43-246.37
Section 45-43-246.37 Charge for Collection
Status: in_force

The State Department of Revenue shall charge Lowndes County for collecting the special county tax levied under this subpart such amount or percentage of total collections as may be agreed upon by the commissioner of revenue and the Lowndes County Commission, but such charge shall not, in any event, exceed five percent of the total amount of the special county tax collected in the county under this subpart. Such charge for collecting such special tax may be deducted each month from the gross revenues from such special tax before certification of the amount of the proceeds thereof due Lowndes County for that month. The commissioner of revenue shall pay into the State Treasury all tax collected under this subpart, as such tax is received by the Department of Revenue, and on or before the first day of each successive month, commencing with the month following the month in which the department makes the first collection hereunder the commissioner shall certify to the Comptroller the amount of tax collected under this subpart and paid by him or her into the State Treasury for the benefit of Lowndes County during the month immediately preceding such certification. Provided, however, that before certifying the amount of the tax paid into the State Treasury for the benefit of Lowndes County during each month, the commissioner may deduct from the tax collected in the month the charge due the department for the collection of the tax for the county. It shall be the duty of the Comptroller to issue his or her warrant each month payable to the county Treasurer of Lowndes County in his or her official capacity in an amount equal to the amount so certified by the commissioner of revenue as having been collected for the use of the county. He or she shall then deliver to the Lowndes County Commission the balance remaining, to be paid into the county general fund.
Ala. Code § 45-35-232.26 — Alabama Code / Title 45 / Chapter 35 / Section 45-35-232.26
Section 45-35-232.26 Judicial Officer
Status: in_force

As used in this subpart, the term judicial officer means, unless otherwise indicated, any circuit judge or equivalent thereof in the Twentieth Judicial Circuit, any district court judge or equivalent, any district or municipal magistrate whose duties are authorized by law, and any municipal judge or any judge specially sitting by designation of the presiding judge of the Twentieth Judicial Circuit, or equivalent in the county.
Ala. Code § 45-11-245.01 — Alabama Code / Title 45 / Chapter 11 / Section 45-11-245.01
Section 45-11-245.01 Definitions
Status: in_force

(a) The following words, terms, and phrases where used in this part shall have the following respective meanings except where the context clearly indicates a different meaning:

(1) AUTHORIZING RESOLUTION. A resolution adopted by the governing body of the county pursuant to Section 45-11-245.10 authorizing and confirming the levy of the taxes authorized by this part.

(2) CODE. The Code of Alabama 1975, as amended.

(3) COMMISSIONER. The Commissioner of Revenue of the state.

(4) COUNTY. Chilton County in the state.

(5) PUBLIC HOSPITAL CORPORATION. The Chilton County Health Care Authority, or any successor thereto, or any other public corporation heretofore or hereafter organized for hospital purposes in the county under any general law heretofore or hereafter enacted by the Legislature.

(6) STATE. The State of Alabama.

(7) STATE DEPARTMENT OF REVENUE. The Department of Revenue of the state.

(8) STATE SALES TAX. The tax or taxes imposed by the state sales tax statutes.

(9) STATE SALES TAX STATUTES. Division 1 of Article 1 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the taxes levied in Division 1 and all other statutes which expressly apply to, or purport to affect, the administration of Division 1 and the incidence and collection of the taxes imposed therein.

(10) STATE USE TAX. The tax or taxes imposed by the state use tax statutes.

(11) STATE USE TAX STATUTES. Article 2 of Chapter 23 of Title 40, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in Article 2 and all other statutes of the state which expressly apply to, or purport to affect, the administration of Article 2 and the incidence and collection of the taxes imposed therein.

(b) Except where another meaning is clearly indicated by the context, all definitions set forth in the state sales tax statutes and the state use tax statutes shall be effective as definitions of the words, terms, and phrases used in this part. All words, terms, and phrases used herein, other than those hereinabove specifically defined, shall have the respective meanings ascribed to them in the state sales tax statutes and the state use tax statutes and shall have the same scope and effect that the same words, terms, and phrases have where used in the state sales tax statutes and the state use tax statutes.
Ala. Code § 45-40-130.09 — Alabama Code / Title 45 / Chapter 40 / Section 45-40-130.09
Section 45-40-130.09 Custodian of Equipment; Storage Facilities
Status: in_force

The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment of Lawrence County, and he or she shall be accountable for the same, at all times. The county commission shall furnish the necessary storage facilities in which to keep the tools, machinery, supplies, and equipment, and the county engineer shall keep on files in his or her office, at all times, an up-to-date inventory, containing a list of all tools, machinery, equipment, and supplies belonging to Lawrence County.
Ala. Code § 45-20-171.20 — Alabama Code / Title 45 / Chapter 20 / Section 45-20-171.20
Section 45-20-171.20 Individuals with Mental Illness Taken into Temporary Protective Custody
Status: in_force

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

(1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Covington County that is authorized by the sheriff to exercise the authority described in this section.

(2) LAW ENFORCEMENT OFFICER. Any state, county, or municipal officer certified by the Alabama Peace Officers’ Standards and Training Commission.

(b)(1) Concurrently with Article 1, commencing with Section 22-52-1.1 of Chapter 52 of Title 22, a law enforcement officer from a designated law enforcement agency may take an individual into protective custody when the officer has reasonable cause to believe that the individual is mentally ill and is an immediate danger to himself or herself or others.

(2)a. Upon placement of an individual under protective custody pursuant to subdivision (1), the law enforcement officer shall transport the individual to a hospital providing care and treatment to those with mental illnesses or other designated treatment facility for an evaluation and treatment.

b. If the individual does not consent to the transport, the officer may use reasonable force necessary to carry out the transport.

c. The individual shall be released from the hospital or designated treatment facility within 72 hours, exclusive of Saturday, Sunday, or any legal holiday, unless a judge of probate orders further inpatient or outpatient treatment for the individual as provided in Article 1, commencing with Section 22-52-1.1 of Chapter 52 of Title 22.

d. Upon a determination by an attending physician, nurse practitioner, or physician assistant at a hospital licensed in this state that an individual transported to the hospital pursuant to this section is not mentally ill or a danger to self or others, the hospital shall promptly communicate this information to the appropriate law enforcement officer. The law enforcement officer shall coordinate the immediate release of the individual from the hospital and shall release the individual from protective custody unless the law enforcement officer has some legal cause for detaining the individual other than the individual’s mental condition. After the individual is released, and upon request of the individual, the law enforcement officer shall transport the individual to his or her residence or other place of abode if it is within the county.

(c) Protective custody by a law enforcement officer under this section shall not be considered an arrest for any purpose, and no entry or other record may be made to indicate that an individual subject to temporary protective custody by a law enforcement officer under this section has been detained or charged with any crime.

(d)(1) It is the policy of this state to encourage a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility to act in the best interests of the state by detaining individuals who are mentally ill and a danger to themselves or others for evaluation and treatment. The state finds that these actions are necessary to protect the individuals and the public. These entities and individuals are acting in the name of the state and are acting as state agents, when acting pursuant to this section, in making determinations, detaining, releasing, admitting, discharging, or otherwise taking action under this section. When acting pursuant to this section, a law enforcement officer, hospital, physician, medical provider, or other designated treatment facility shall be afforded immunity under Section 36-1-12, as any other state employee or agent of the state.

(2) Nothing in this section shall modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of these laws or any judicial interpretation of these laws.
Ala. Code § 45-34-82.12 — Alabama Code / Title 45 / Chapter 34 / Section 45-34-82.12
Section 45-34-82.12 Liability of District Attorney
Status: in_force

The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program.
Ala. Code § 45-52A-31.04 — Alabama Code / Title 45 / Chapter 52A / Section 45-52A-31.04
Section 45-52A-31.04 Board of Education - Run-Off Election
Status: in_force

In the event no candidate receives a majority of all of the votes cast for any one 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 City of Decatur run-off 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 elections shall be declared as elected. In the event of a tie vote between the run-off candidates, the then serving city council shall decide the election by majority vote at a special meeting called for that purpose by the council’s presiding officer.
Ala. Code § 45-52-150.02 — Alabama Code / Title 45 / Chapter 52 / Section 45-52-150.02
Section 45-52-150.02 Bingo Games - Permits
Status: in_force

(a) No qualified organization or club shall be permitted to operate a bingo game unless the bingo game is located in the confines of Morgan County and only then the City of Hartselle, the City of Falkville, and that area of the City of Decatur within the boundaries of Morgan County. The permit described in this article is in addition to, and not in lieu of, any other business licenses which may be required by law. No bingo game shall be operated until all required licenses have been obtained. A permit holder may hold only one permit and the permit shall be valid for only one location. A permit shall not be assignable or transferable.

(b) Any qualified organization or club desiring to obtain a permit to operate bingo games in a calendar year shall apply to the city clerk in Hartselle, Falkville, or Decatur, on forms provided by that office, and shall pay an annual fee of one hundred dollars ($100). Renewal applications shall also be filed with the city clerk. The city clerk shall refuse to grant a bingo permit to any applicant who fails to fully provide the information required by this subsection. Each applicant for a permit shall prove its length of existence and the ownership of real property in the respective cities for at least three years immediately preceding the application and provide the following information:

(1) The name and home address of the applicant and, if the applicant is a corporation, association, private club, or other similar legal entity, the names and home addresses of each of the officers of the organization or club.

(2) The names and home addresses of persons, organizations, clubs, or other legal entities that shall be the surety for the applicant.

(3) The location at which the applicant shall conduct the bingo games. Bingo games shall be held only on the premises wholly owned by a qualified permit holder with exception to a rental agreement pursuant to this article.

(4) A statement showing the convictions, if any, for criminal offenses, other than minor traffic offenses, of each of the persons listed in subdivisions (1) and (2).

(c) Permits may be amended upon resubmission of application, surrender of permit, and payment of a twenty-five dollar ($25) fee.