Ala. Code § 36-25A-7 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-7
Section 36-25A-7 Executive Sessions
Status: in_force

(a) Executive sessions are not required by this chapter, but may be held by a governmental body only for the following purposes:

(1) To discuss the general reputation and character, physical condition, professional competence, or mental health of individuals, or, subject to the limitations set out herein, to discuss the job performance of certain public employees. However, except as provided elsewhere in this section, discussions of the job performance of specific public officials or specific public employees may not be discussed in executive session if the person is an elected or appointed public official, an appointed member of a state or local board or commission, or a public employee who is one of the classification of public employees required to file a statement of economic interests with the Alabama Ethics Commission pursuant to Section 36-25-14. Except as provided elsewhere in this section, the salary, compensation, and job benefits of specific public officials or specific public employees may not be discussed in executive session.

(2) When expressly allowed by federal law or state law, to consider the discipline or dismissal of, or to hear formal written complaints or charges brought against a public employee, a student at a public school or college, or an individual, corporation, partnership, or other legal entity subject to the regulation of the governmental body.

(3) To discuss with their attorney the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action, or to meet or confer with a mediator or arbitrator with respect to any litigation or decision concerning matters within the jurisdiction of the governmental body involving another party, group, or body. Prior to voting to convene an executive session under this exception the governmental body shall receive a written opinion or oral declaration reflected in the minutes from an attorney licensed to practice law in Alabama that this exception is applicable to the planned discussion. Such declaration shall not otherwise constitute a waiver of the attorney-client privilege. Notwithstanding the foregoing, if any deliberation begins among the members of the governmental body regarding what action to take relating to pending or threatened litigation based upon the advice of counsel, the executive session shall be concluded and the deliberation shall be conducted in the open portion of the meeting or the deliberation shall cease.

(4) To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures, including, without limitation, information concerning critical infrastructure, as defined by federal law, and critical energy infrastructure information, as defined by federal law, the public disclosures of which could reasonably be expected to be detrimental to public safety or welfare. Provided, however, that when the discussion involves critical infrastructure or critical energy infrastructure information, the owners and operators of such infrastructure shall be given notice and an opportunity to attend the session.

(5) To discuss information that would disclose the identity of an undercover law enforcement agent or informer or to discuss the criminal investigation of a person who is not a public official in which allegations or charges of specific criminal misconduct have been made or to discuss whether or not to file a criminal complaint. Provided, however, that prior to such discussions a law enforcement officer with authority to make an arrest or a district or assistant district attorney or the Attorney General or assistant attorney general shall advise the governmental body in writing or by oral declaration entered into the minutes that the discussions would imperil effective law enforcement if disclosed outside of an executive session.

(6) To discuss the consideration the governmental body is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. Provided, however, that the material terms of any contract to purchase, exchange, or lease real property shall be disclosed in the public portion of a meeting prior to the execution of the contract. If an executive session is utilized pursuant to this exception in addition to the members of the governmental body, only persons representing the interests of the governmental body in the transaction may be present during the executive session. This real property discussion exception shall not apply if:

a. Any member of the governmental body involved in the transaction has a personal interest in the transaction and attends or participates in the executive session concerning the real property.

b. A condemnation action has been filed to acquire the real property involved in the discussion.

(7) To discuss preliminary negotiations involving matters of trade or commerce in which the governmental body is in competition with private individuals or entities or other governmental bodies in Alabama or in other states or foreign nations or to discuss matters or information of the character defined or described in the Alabama Trade Secrets Act. Provided, however, that prior to such discussions a person involved in the recruitment or retention effort or who has personal knowledge that the discussion will involve matter or information of the character defined or described in the Alabama Trade Secrets Act advises the governmental body in writing or by oral declaration entered into the minutes that the discussions would have a detrimental effect upon the competitive position of a party to the negotiations or upon the location, retention, expansion, or upgrading of a public employee or business entity in the area served by the governmental body if disclosed outside of an executive session, or would disclose information protected by the Alabama Trade Secrets Act.

(8) To discuss strategy in preparation for negotiations between the governmental body and a group of public employees. Provided, however, that prior to such discussions a person representing the interests of a governmental body involved in such negotiations advises the governmental body in writing or by oral declaration entered into the minutes that the discussions would have a detrimental effect upon the negotiating position of the governmental body if disclosed outside of an executive session.

(9) To deliberate and discuss evidence or testimony presented during a public or contested case hearing and vote upon the outcome of the proceeding or hearing if the governmental body is acting in the capacity of a quasi-judicial body, and either votes upon its decision in an open meeting or issues a written decision which may be appealed to a hearing officer, an administrative board, court, or other body which has the authority to conduct a hearing or appeal of the matter which is open to the public.

(b) A governmental body desiring to convene an executive session, other than to conduct a quasi-judicial or contested case hearing, shall utilize the following procedure:

(1) A quorum of the governmental body must first convene a meeting as defined in Section 36-25A-2(6)a.1. and 2.

(2) A majority of the members of the governmental body present must adopt, by recorded vote, a motion calling for the executive session and setting out the purpose of the executive session, as provided in subsection (a). If subsection (a) requires an oral or written declaration before the executive session can begin, such oral or written declaration shall be made, prior to the vote.

(3) The vote of each member shall be recorded in the minutes.

(4) Prior to calling the executive session to order, the presiding officer shall state whether the governmental body will reconvene after the executive session and, if so, the approximate time the body expects to reconvene.
Ala. Code § 36-27-31 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-31
Section 36-27-31 Compliance with Qualifications Standards
Status: in_force

The Board of Control of the Employees’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement system as may be necessary to ensure the Employees’ Retirement System of Alabama’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
Ala. Code § 36-21-214 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-214
Section 36-21-214 Retention of Recordings
Status: in_force

Any recording subject to this article shall be retained for at least the period of time required by the applicable records retention and disposition schedule.
Ala. Code § 36-27-21.5 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-21.5
Section 36-27-21.5 Cost-of-Living Increase for Persons Who Retired Before October 1, 1984; Retirees Under Judicial Retirement Fund Ineligible; Funding of Increase; Eligibility of Persons Retired from Unit Participating Under Section 36-27-6; Persons Whose Medicaid Benefits Would Be Impaired Are Ineligible; Construction with Other Laws
Status: reserved

(a) There is hereby provided contingent upon the funding provisions of subsection (c) of this section, commencing October 1, 1985, to each person whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1984, a cost-of-living increase of $2.00 per month for each year of creditable service attained by said member; provided, however, that any person retired under the provisions of Section 36-27-7, or 36-27-7.1, shall receive an increase of $1.00 per month for each year of creditable service attained by said member.

(b) Any person retired under the Judicial Retirement Fund of Alabama as provided for in Chapter 18 of Title 12, shall not be deemed a retiree of the Employees’ Retirement System of Alabama for purposes of this section and shall not be entitled to receive any cost-of-living increase provided by this section.

(c)(1) There is hereby allocated and expended from any available funds of the Employees’ Retirement System, or from such funds as are appropriated to the Employees’ Retirement System for the fiscal year 1985-86, such amounts as are necessary to carry out the provisions of subsection (a) of this section for the fiscal year beginning October 1, 1985, provided that the system’s actuary shall certify to the Board of Control of said system that the authorized cost-of-living increase can be paid for the fiscal year 1985-86 from existing funds of the system without having serious adverse impact on the Employees’ Retirement System.

(2) Should the actuary certify that funds are available to partially provide the benefits authorized in subsection (a) of this section, then such partial benefit as certified by the actuary, is hereby authorized to be paid in lieu of the full benefits provided in said subsection (a) of this section commencing October 1, 1985.

(3) In the event favorable certification is not made by the actuary or in the event of partial certification, the full amount of the cost-of-living increase provided by this section shall be provided commencing October 1, 1986, and shall be funded pursuant to the provisions of Section 36-27-24, and subsection (d) of this section.

(4) Future funding of the benefits authorized in subsection (a) of this section shall be funded pursuant to subsection (d) of this section for the fiscal year 1986-87 and each year thereafter. Upon receipt of a favorable certification from the actuary or partial certification from the actuary, the Board of Control shall authorize the payment of such cost-of-living increase beginning October 1, 1985, provided, that if the actuarial report is not received by October 1, 1985, but meets the conditions set forth above when it is received during the 1985-86 fiscal year, then such cost-of-living increase shall be paid retroactive to October 1, 1985.

(d) Commencing with the fiscal year beginning October 1, 1986, the Board of Control of the Employees’ Retirement System of Alabama shall determine annually the amount required to pay the cost of the increased allowances provided under subsection (a) of this section and shall notify the chief fiscal officer of each employer the per centum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in subsection (a) of this section in the same manner and from the same source of funds as is provided in Section 36-27-24, it being the intent of the Legislature that the cost of providing the increases in subsection (a) of this section shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(e) Subsequent appropriations for the purposes of funding this section shall be reduced to only those amounts necessary to fund the benefit increases provided in subsection (a) of this section.

(f) No person whose retirement is from a unit participating under Section 36-27-6, shall be entitled to the increased benefits provided in subsection (a) of this section, unless such employer elects to come under the provisions of said subsection. Any employer making such election must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under this section shall first pay the cost-of-living increase provided by Act No. 82-659, S. 9, 1982 First Special Session (now appearing as Section 36-27-21.3). Any employer participating under said Section 36-27-6 may elect to come under the provisions of this section at the beginning of any future fiscal year and said employer shall not be required to pay said cost-of-living increase retroactively.

(g) Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided in subsection (a) of this section shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided in subsection (a) of this section, shall not be entitled to receive said increase subsequent to the date the member files application for benefits under the Medicaid program.

(h) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired members of the Employees’ Retirement System of Alabama; provided, however, that those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 36-6-100 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-100
Section 36-6-100 Persons Eligible
Status: in_force

Beginning with the first payday on or after October 1, 2006, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, except those set out in Section 36-6-101, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the state Merit System or not, and all employees of the county health departments who are employed subject to the state Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health, shall receive a five percent salary increase.
Ala. Code § 36-21-188 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-188
Section 36-21-188 Prior Service Credit
Status: in_force

Any firefighter who becomes a member of the fund and who thereafter leaves work as a firefighter and is drafted or enters directly into the Armed Forces of the United States and who returns to work as a firefighter within six months after he or she ceases to serve in the armed forces shall receive prior service credit for such service in the armed forces, not to exceed five years.
Ala. Code § 36-28-6 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-6
Section 36-28-6 Coverage of Student Employees
Status: in_force

(a) Upon request of the State of Alabama or any political subdivision or instrumentality thereof, the state Comptroller for Social Security is hereby authorized to obtain Social Security coverage of services rendered by student employees whose positions fall within any coverage group to which Social Security has been heretofore extended prior to September 15, 1961. The coverage of such additional student services shall be optional with respect to the State of Alabama or any political subdivision or instrumentality thereof and may be made retroactive to the extent permitted under applicable federal law.

(b) After September 15, 1961, the state Comptroller for Social Security shall include the services of student employees when Social Security coverage is extended to any new or additional coverage group, unless the request of such additional coverage group for extension of Social Security coverage expressly excludes services of student employees.
Ala. Code § 36-21-191 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-191
Section 36-21-191 Death Benefits
Status: in_force

(a) Each member shall be issued a certificate by the board in which the board agrees to pay to a beneficiary designated by such member, upon death while an active member, and to be conditioned upon the satisfaction of all obligations of the member to the fund, a lump sum amount of two thousand five hundred dollars ($2,500).

(b) If any member is killed in the line of duty, his or her beneficiary or estate shall be paid all membership fees paid by the member. Such repayment of membership fees shall be in addition to the death benefit provided in this section. The board shall pay to the beneficiary of a member, upon death while an active member, a refund pursuant to Section 36-21-190.
Ala. Code § 36-15-60 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-60
Section 36-15-60 Appointment of Investigators for the Office of the Attorney General - Authority; Service
Status: in_force

The Attorney General may appoint a chief investigator for his or her office and up to six additional investigators as the Attorney General may from time to time deem necessary. The investigators shall serve at the pleasure of the Attorney General.
Ala. Code § 36-1-6.1 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-6.1
Section 36-1-6.1 Professional Liability Coverage for State Employees or Agents; Duties of Finance Director; Self-Insurance; Costs of Insurance
Status: in_force

(a) The various state agencies, departments, boards, or commissions shall determine and report their needs for liability coverage to the Finance Director, the Insurance Commissioner, and the Attorney General. The Finance Director, with the advice of the Insurance Commissioner and Attorney General, shall then determine the type of blanket policy needed to provide basic coverage for deaths, injuries, or damages arising out of the negligent or wrongful acts or omissions committed by state employees or agents of the state, including retired licensed physicians and dentists while they are voluntarily serving at free health care clinics and individuals serving as foster parents licensed or approved by the Department of Human Resources to maintain homes for a child or children under the supervision of the department or serving as adult foster care providers approved by the Department of Human Resources to provide foster care for adults under the supervision of the Department of Human Resources, while in the performance of their official duties in the line and scope of their employment or duties as foster parents or foster care providers. Any policy of insurance or reinsurance shall be selected by the Finance Director on a competitive bid basis for an initial period of three years with a provision for annual review beginning October 1, 1987.

(b) The Finance Director, with the advice of the Insurance Commissioner and the Attorney General, may provide for self-insurance of the entire state or any part of the state under such terms and conditions as the Finance Director shall determine. Any funds appropriated for the purpose of self-insurance and paid into a special trust account under the provisions of this section shall not revert to the State Treasury at the end of a fiscal year, but may be carried over from year to year provided such funds are not used for any other purpose.

(c) In any action brought in the courts of the State of Alabama or United States wherein a plaintiff seeks damages arising out of the negligent or wrongful acts or omissions committed by state employees or agents of the state, including retired licensed physicians, dentists, and those foster parents and foster care providers specified in subsection (a) herein, while in the performance of their official duties in the line and scope of their employment or duties as foster parents or foster care providers, the plaintiff shall cause the Attorney General of the State of Alabama to be served with a copy of the suit against the employee, agent, or servant of the board, agency, commission, or department.

(d) The charges or costs of the liability insurance or self-insurance provided under the provision of this section shall be paid from the funds appropriated for the operation of the several state departments, agencies, boards, or commissions. The Finance Director may apportion the costs or charges to the several state departments, agencies, boards, or commissions in order to cover the risk involved.

(e) The provisions of this section shall not apply to any educational institution or board in this state.

(f) The State Board of Health, by rule, may establish the qualifications and criteria for retired physicians and dentists to be eligible to participate in professional liability coverage administered by the Department of Finance while serving at free health care clinics under this section. The State Board of Health, by regulation, may also establish the maximum number of retired physicians and dentists who may be provided professional liability coverage and may by regulation establish the maximum amount of funds that may be expended by the Alabama Department of Public Health to pay premiums for such coverage pursuant to this section.
Ala. Code § 36-36-10 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-10
Section 36-36-10 Permanent Legislative Oversight Committee
Status: reserved

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 36-21-47.1 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-47.1
Section 36-21-47.1 Remittance of Court Costs to Fund
Status: in_force

(a) The fees and costs shall be collected by the court official who collects other costs and fees. The moneys collected according to this section shall be remitted by the person or authority collecting the tax to the Peace Officers’ Standards and Training Fund as provided in Section 36-21-47. The money shall fund work within the functions and duties of the Peace Officers’ Standards and Training Commission’s basic law enforcement training program at the following certified training academies: The Law Enforcement Academy located in Tuscaloosa, Alabama; the Northeast Law Enforcement Academy located at Jacksonville State University in Jacksonville, Alabama; the Southwest Law Enforcement Academy at Faulkner State Junior College in Bay Minette, Alabama; the Alabama Criminal Justice Training Center in Selma, Alabama; and the Montgomery Law Enforcement Academy in Montgomery, Alabama.

The money shall be distributed to the academies listed in this section at the discretion of the Peace Officers’ Standards and Training Commission.

(b) The Alabama Peace Officers’ Standards and Training Commission may accept grants from the federal government, its departments and agencies as well as grants and appropriations by the state, any county or municipality, or any individual, corporation, or fund which is for the benefit of the training academies listed in subsection (a). All grants shall be paid into the Alabama Peace Officers’ Standards and Training Fund for the benefit of the academies. The moneys shall be distributed to the academies at the discretion of the Peace Officers’ Standards and Training Commission.

(c) The governing body of each incorporated city or town and the governing body of each county of the state may appropriate any funds not otherwise appropriated to or for the benefit of the training academies listed in subsection (a). All appropriations shall be paid into the Alabama Peace Officers’ Standards and Training Fund for the benefit of the academies. The moneys shall be distributed to the academies at the discretion of the commission.

(d) Each training academy may make agreements and arrangements for cooperation and mutual assistance in law enforcement work, with the Alabama Peace Officers’ Standards and Training Commission and with each other.
Ala. Code § 36-27-54 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-54
Section 36-27-54 Purchase of Credit by Certain Employees of Alabama State Docks Terminal Railway; Waiver of Federal Railroad Retirement Benefits; Termination Date
Status: in_force

(a) Any law to the contrary notwithstanding, any member of the Employees’ Retirement System of Alabama who has 10 or more years of creditable service in the Employees’ Retirement System of Alabama immediately prior to October 1, 1990 and who is employed by the State of Alabama at the time this bill becomes law, may hereby claim and purchase credit within the Employees’ Retirement System of Alabama for all the time which such member has served as an employee of the Alabama State Docks and was paid through the Alabama State Docks Terminal Railway payroll and for which he is not otherwise eligible for credit in the Employees’ Retirement System or any other retirement plan funded in whole or in part by the state except under the United States Social Security Act.

(b) Any member eligible to claim and purchase such credit for service under subsection (a) of this section shall be awarded creditable service in the Employees’ Retirement System of Alabama provided he or she shall pay into the system prior to said member’s date of retirement or prior to April 1, 1991, whichever occurs first, a sum of money which is equal to a percentage of his current annual compensation or average final salary, whichever is higher; the applicable percentage of said annual compensation or average final salary, whichever is higher, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation for each year of service credit under the provisions of this section.

(c) In order to receive credit in the Employees’ Retirement System of Alabama as described in subsection (a) of this section, the member shall waive any and all benefits for which he is presently eligible, or may become eligible in the future, under federal railroad retirement law. A member’s failure to waive these benefits will prohibit any credit of prior service by the Employees’ Retirement System of Alabama. Under no circumstances shall a person receive benefits from more than one pension plan for the same employment service.

(d) The provisions of this section that allow credit by the Employees’ Retirement System of Alabama for prior Alabama State Docks Terminal Railway service shall terminate on April 1, 1991, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to April 1, 1991.
Ala. Code § 36-32-7 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-7
Section 36-32-7 Minimum Standards for Firefighters
Status: in_force

(a) Applicability. The minimum standards provided in this section shall apply to trainees who are to be employed as fire-protection personnel by a public fire-fighting agency. No city or fire-fighting agency which provides fire protection to the public shall permanently employ any trainee as fire-protection personnel who has not met the requirements of this section. Provided, however, no fire prevention inspector, fire protection engineer, public fire and life safety educator, public safety dispatcher, or person whose duties are solely clerical or secretarial in nature employed as fire-protection personnel by the fire-fighting agency of any Class 1 municipality shall be required to meet the minimum physical requirements as a trainee for firefighter as prescribed by the commission.

(b) Employment and qualifications. The trainee shall be certified by a licensed practicing physician as satisfactory by the appointing authority designated as in good health and physically fit for the performance of his duties as a firefighter and shall meet the employment qualifications of the appointing authority.

(c) Training.

(1) FIRE-PROTECTION PERSONNEL. Prior to permanent employment, or a period not exceeding 12 months after the date of employment, the trainee shall have met the requirements for certification as prescribed by the commission. Training shall be given by an instructor certified by the Alabama Firefighters’ Personnel Standards and Education Commission and the training may be administered within the department in which the applicant seeks to serve, if the department meets the requirements of the commission for a training center. Upon the completion of training, the commission shall administer a comprehensive written test to each applicant; and each applicant must pass the test as a condition of completion of such training.

(2) VOLUNTEER FIREFIGHTER. A volunteer firefighter may be certified by the commission as a volunteer firefighter if the volunteer firefighter shall have met the training requirements prescribed by the commission. Provided, the training is conducted by an instructor certified by and in facilities approved by the commission. The training need not be during continuous sessions but may be scheduled at different intervals during a period not exceeding 24 months for a total of 160 hours. This subdivision shall not be construed as to mandate training for volunteer firefighters, except for purposes of certification.
Ala. Code § 36-26-32.1 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-32.1
Section 36-26-32.1 Restoration to Merit or Civil Service Classification After Acceptance of Nonmerit Appointment; Conditions; Effect on Other Employees
Status: in_force

(a) Any person who has held a classified position in any merit or civil service system within the State of Alabama or within any political subdivision thereof and relinquished that position to accept an appointment to an unclassified position shall be returned to permanent status in the same merit classification which that person held at the time of appointment, providing that person shall:

(1) Choose to be returned to the merit or civil service classification.

(2) Have accepted an appointment to an unclassified position within the same agency where employment was under the merit or civil service system.

(3) Not have had a break in service exceeding one pay period.

(4) Not have been the subject to any pending disciplinary action at time of appointment.

(5) Have had at least 10 years service in the merit or civil service system at time of appointment.

(b) Any person who returns to a former merit or civil service classification under the provisions of subsection (a) shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the employee and to which the employee would have otherwise been entitled had he or she remained within the classified service. It is further provided, that when a person returns to a former classification no person serving in that classification shall be reduced in classification but reduction if necessary shall be accomplished by attrition.
Ala. Code § 36-6-11 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-11
Section 36-6-11 Longevity Pay
Status: in_force

(a) Each person employed by the State of Alabama, and all legislative personnel, officers, or employees, including but not limited to Legislative Reference Service personnel, whether subject to the state Merit System or not, shall be entitled to and receive in a lump sum the first payday of December each year the sum of three hundred dollars ($300) per annum after such employee has served for a total period of five years and shall receive the payment until the tenth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of four hundred dollars ($400) per annum until the fifteenth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of five hundred dollars ($500) per annum until the twentieth year of total service, at which time the payment shall be made in a like manner and at a like time but in the amount of six hundred dollars ($600) per annum until the twenty-fifth year of total service, at which time the payment shall be made in a like manner and at a like time, but in the amount of seven hundred dollars ($700) as long as the employee remains in service. Beginning October 1, 2006, and continuing each fiscal year thereafter in which an employee does not receive a cost-of-living increase in compensation, each per annum amount provided in this subsection shall be increased by one hundred dollars ($100) per year to a maximum amount of one thousand dollars ($1,000) for 25 years of total service as long as the employee remains in service.

(b) The above payments shall be in addition to all salaries or wages and shall be in addition to any per diem allowances or expense allowance that may be in force at the time of payment. The sum shall not be used in computing retirement or other benefits.

(c) Annually, in time for the payroll for the first payday in December, it shall be the duty of the Personnel Department and the Administrative Office of Courts, with regard to judicial employees, the Clerk of the House of Representatives with regard to House of Representative employees, the Secretary of the Senate with regard to the Senate employees, the Director of Legislative Reference Service with regard to Legislative Reference Service employees and all department, board, authority, and commission heads with regard to all state department, board, authority, and commission employees, to determine which state employees are entitled to longevity pay pursuant to this section and the amount thereof due each such employee, and to certify the same to the state Comptroller, who shall issue warrants accordingly.

(d) There is hereby appropriated such amounts as may be necessary to implement the provisions of this section beginning October 1, 1987, and each year thereafter, from such funds as the salaries of the several state employees are, respectively, paid, or if there is not sufficient money in such funds, then from the General Fund or any other fund in the State Treasury not otherwise appropriated. Provided, that in the event the General Fund appropriation act contains an appropriation for a bonus for state employees for the fiscal year 1987-88, then any such bonus shall be in lieu of the longevity pay provided by this section for such fiscal year only.
Ala. Code § 36-27-43 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-43
Section 36-27-43 Credit for Prior Service - School Bus Driver, Mechanic or Maintenance Worker
Status: in_force

Any person who is presently a regular employee of the State of Alabama and is covered or eligible to be covered under the state Employees’ Retirement System and who, prior to such regular employment was employed as a fully budgeted school bus driver (not a student), mechanic or maintenance worker by any county or city board of education or the governing board of any public school in Alabama regardless of the source from which and the manner in which his salary was paid, shall be entitled to receive credit for all service in such capacity rendered by him prior to October 1, 1971; provided, that such person shall pay into the Employees’ Retirement System, within six months from October 1, 1975, a sum equal to the total contributions which he would have made as a member during the period of such employment from October 1, 1945, to October 1, 1971.
Ala. Code § 36-6-134 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-134
Section 36-6-134 Appropriations
Status: in_force

It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
Ala. Code § 36-27-56.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-56.1
Section 36-27-56.1 Purchase of Credit for Prior Service as County Solicitor
Status: in_force

(a) Any vested member of any component system or fund of the Employees’ Retirement System may claim and purchase up to three years’ credit in his or her system or fund for up to three years of prior service which he or she rendered to any county government as a county solicitor.

(b) Any vested member eligible to claim and purchase credit for prior service as a county solicitor under subsection (a), shall be awarded credit under the appropriate system or fund provided he or she pays into his or her respective retirement system or fund prior to the member’s date of retirement, a sum of money equal to a percentage of the member’s highest annual compensation or final average salary during the period of prior service, whichever is higher; the applicable percentage of the highest annual compensation or the final average salary, whichever is higher, shall be the sum of the prevailing percentage rates of employer and member contributions as required by the most recent actuarial valuation for each year of service purchased, not to exceed three years.
Ala. Code § 36-15-3 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-3
Section 36-15-3 Salary
Status: in_force

(a)(1) Subject to subsection (b), the salary of the Attorney General of Alabama shall be an amount equal to the salary of an Associate Justice of the Supreme Court of Alabama. The salary shall be payable in installments as the salaries of other state officers are paid and shall be the full compensation to which the Attorney General is entitled from the state for the performance of his or her official duties.

(2) Commencing upon the next term of office of the Attorney General after October 1, 2021, he or she shall receive a salary in an amount equal to the salary of the Chief Justice of the Supreme Court of Alabama.

(b) The Attorney General’s salary may only increase after the completion of the term for which he or she was appointed or elected, and after completion of any subsequent term elected.
Ala. Code § 36-22-65 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-65
Section 36-22-65 Oath of Office; Subject to Call in Event of Vacancy
Status: in_force

Each supernumerary sheriff shall take the oath of office prescribed for sheriffs and shall be subject to call by the Governor in the event of the vacancy in the office of the sheriff.
Ala. Code § 36-6-92 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-92
Section 36-6-92 Authority to Revise Schedule of Rates in Existing Plans
Status: in_force

The Director of the State Personnel Department shall revise the schedule of rates set forth in the pay plan for state employees and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for these court officials and employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for employees of the Senate, the Clerk of the House of Representatives for employees of the House of Representatives, the Director of the Legislative Reference Service for employees of the Legislative Reference Service, and the Director of the Legislative Fiscal Office for employees of the Legislative Fiscal Office, shall revise the schedule of rates set forth in the pay plan for these legislative employees to reflect the increase provided in this division, and shall certify the same to the State Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-12-5 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-5
Section 36-12-5 Disposition of Books, Papers, Etc., When No Longer Current
Status: in_force

All public officers and servants of the state, whenever any book, paper or document pertaining to the affairs, business or transactions of their office has ceased to be current, shall deliver the same together with a list of such books, papers and documents to the Director of the Department of Archives and History, receiving in return therefor a receipt from such director which shall also contain a list of such books, papers and documents, and all such books, papers, and documents of officers and servants of counties and municipalities shall be, when they cease to be current, in like manner delivered to the probate judge of such county and to the mayor, president of the board of commissioners or other executive officer of the municipality and, in like manner, such officer to whom such books, papers and documents are delivered shall give his receipt therefor.
Ala. Code § 36-6A-5 — Alabama Code / Title 36 / Chapter 6A / Section 36-6A-5
Section 36-6A-5 Rulemaking Authority
Status: in_force

(a)(1) The State Personnel Department shall adopt rules to implement and administer this chapter as to state employees who may be an eligible employee as defined in Section 36-6A-1(3)a.

(2) The State Board of Education shall adopt rules to implement and administer this chapter as to local education agency employees who may be an eligible employee as defined in Section 36-6A-1(3)b. Rules adopted pursuant to this subdivision shall apply to an eligible employee of a public charter school notwithstanding Section 16-6F-9(a)(3).

(3) The Board of Trustees of the Alabama Community College System (ACCS) shall adopt rules to implement and administer this chapter as to employees of the Alabama Community College System and the educational institutions under its authority and control who may be an eligible employee as defined in Section 36-6A-1(3)c.

(b) The rules adopted pursuant to subsection (a) shall set reasonable procedures necessary to implement this chapter, including any necessary forms, for an eligible employee exercising his or her right to parental leave under this chapter. Forms and procedures shall not be unduly burdensome to the eligible employee.

(c) The rules adopted pursuant to subsection (a) shall provide for each state employee, local education agency employee, and employee of ACCS to receive written notice upon his or her hiring of the following:

(1) An eligible employee’s right to parental leave pursuant to this chapter.

(2) The number of weeks of parental leave available to an eligible employee.

(3) The procedure for taking parental leave.
Ala. Code § 36-11-12 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-12
Section 36-11-12 Proceedings in Supreme Court - Rights of Parties as to Proceedings Before Examiners
Status: in_force

Either party shall have the right to appear before the examiner by himself and counsel and, to this end, shall have five days’ notice of the time and place of his sittings; each party shall have compulsory process to compel the attendance of witnesses; and, from the rulings of the examiner on any question of the admissibility and legality of evidence offered, either party may reserve an exception, to be decided by the Supreme Court.
Ala. Code § 36-31-2 — Alabama Code / Title 36 / Chapter 31 / Section 36-31-2
Section 36-31-2 Compensation of Trustee
Status: in_force

The governing bodies may pay the trustee a reasonable compensation either out of the fund administered by the trustee or out of the general funds of the governing bodies.
Ala. Code § 36-29A-7 — Alabama Code / Title 36 / Chapter 29A / Section 36-29A-7
Section 36-29A-7 Application Limitation
Status: in_force

The program established by the Director of Finance pursuant to the provisions of this chapter shall not apply to the Alabama State Port Authority, nor to any educational institution, nor to any city or county board of education.
Ala. Code § 36-29-28 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-28
Section 36-29-28 Treatment of Reduction Under Retirement Systems
Status: in_force

The amount by which a state employee’s salary or wage is reduced pursuant to a salary reduction agreement authorized by this article shall continue to be included as earnable compensation for the purpose of computing benefits under the state Employees’ Retirement System and/or the Teachers’ Retirement System.
Ala. Code § 36-7-60 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-60
Section 36-7-60 Individual Bonus to Public Official, Etc
Status: in_force

Any other law to the contrary notwithstanding, a public official or a public employee may receive, obtain, or otherwise convert to personal use a bonus that is incidental to travel in the performance of official duties of the public official or public employee if the bonus is individual in nature and not able to be transferred to another unrelated individual or to the state, or a county, municipality, or governmental entity. This section is declaratory of and does not constitute a change in existing law.
Ala. Code § 36-6-1 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-1
Section 36-6-1 “Employee” Defined; Time of Payment of Salaries Generally
Status: in_force

(a) For the purpose of this section the word “employee” shall be defined as:

(1) Everyone in the classified, exempt, or unclassified service of the state as defined in Section 36-26-10,

(2) Legislative personnel, officers and employees, Legislative Reference Service personnel, and Legislative Fiscal Office personnel,

(3) All court officials and employees of the Unified Judicial System serving the trial courts,

(4) Employees of the Administrative Office of Courts paid on a biweekly basis, and

(5) All hourly personnel who are considered to be permanent employees.

(b) Every state employee whether subject to the state Merit System or not shall be paid biweekly two weeks in arrears through March 17, 2006, and beginning April 3, 2006, shall be paid semi-monthly one payday in arrears, except that elected officials and appointees whose pay is based on an annual salary for the position held shall be payable in equal semi-monthly installments on the fifteenth and the last day of each month. The payday which normally falls on Friday, September 30, 2005, shall be moved to Saturday, October 1, 2005. Subsequent paydays will resume the previously established schedule of being paid every other Friday. This change will have no impact on salaries of those paid in equal semi-monthly installments. Unpaid salaries shall be paid upon the expiration of the appointment or term of office.

(c) Beginning April 3, 2006, all employees shall be paid semi-monthly one payday in arrears. Salary payments made on March 17, 2006, shall be the last salary payments made using a biweekly pay plan. The Director of the State Personnel Department shall revise the pay plan for all classified and unclassified employees by multiplying the biweekly salary for each classified and unclassified employee by 26 and dividing by 24. Salary payments based on the semi-monthly plan shall be made on the first and sixteenth day of each month, except that if the first day of October falls on a Saturday, a Sunday, or a holiday, then the salary payment shall be made on the next succeeding workday. If the first or sixteenth day of any month, other than the first day of October, falls on a Saturday, a Sunday, or a holiday, then the salary payment shall be made on the last workday immediately prior to the Saturday, the Sunday, or the holiday. The Finance Director shall have the authority to adjust any payday to ensure that each fiscal year has 24 pay periods except for the fiscal year ending September 30, 2006, which shall be the transition year. For purposes of converting from a biweekly to a semi-monthly pay plan, the payday that would be made on Friday, March 31, 2006, using the biweekly pay plan shall be made on Monday, April 3, 2006, using the semi-monthly pay plan.

It is the intent of the Legislature that the conversion from a biweekly pay plan to a semi-monthly pay plan shall not reduce any employee’s annual rate of compensation.

(d) The state Comptroller and the State Personnel Department will revise procedures to implement changes included in this section, and the State Personnel Department shall revise its regulations regarding accrual of sick leave by state employees to convert the accrual from biweekly pay periods to semi-monthly pay periods effective on the same date that accrual of annual leave is converted as provided in Section 36-26-35. The annual accumulation of sick leave shall remain the same using semi-monthly accrual as it was using biweekly accrual.
Ala. Code § 36-27-89 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-89
Section 36-27-89 Amount of Increase - Persons Whose Employer Participated Under Sections 36-27-7 or 36-27-7.1
Status: in_force

There is hereby provided, commencing October 1, 1990, to each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 or 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1989, and to certain beneficiaries of deceased members and deceased retirees of such employers, provided the effective date of retirement or death for such deceased retiree or deceased member for purposes of receiving benefits from the Employees’ Retirement System was prior to October 1, 1989, and who is receiving a monthly allowance from the Employees’ Retirement System a cost-of-living increase as follows:

(1) $.50 per month for each year of service attained by said retiree plus $1.50 per month for each year of retirement attained by said retiree for each retiree selecting the maximum retirement allowance or Option 1.

(2) $.50 per month for each year of service attained by said retiree plus $1.50 per month for each year of retirement attained by said retiree reduced by the retiree’s option selection factor for each retiree selecting Option 2, 3 or 4.

(3) $.50 per month for each year of service attained by said deceased member or deceased retiree plus $1.50 per month for each year since the date of death of such deceased member or in the case of a deceased retiree since his effective date of retirement, reduced by the survivor’s option factor for each beneficiary receiving monthly benefits from the Employees’ Retirement System.
Ala. Code § 36-20-75 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-75
Section 36-20-75 Violations; Enforcement
Status: in_force

(a) The commissioning judge of probate, or his or her successor in office, may issue a warning to a notary public or restrict, suspend, or revoke a notarial commission for a violation of this article and on any ground for which an application for a commission may be denied under this article. A period of restriction, suspension, or revocation does not extend the expiration date of a commission.

(b) Except as otherwise permitted by law, an individual who commits any of the following acts is guilty of a Class C misdemeanor:

(1) Holding one’s self out to the public as a notary public without being commissioned.

(2) Performing a notarial act with an expired, suspended, or restricted commission.

(3) Performing a notarial act before taking an oath of office.

(4) Charging a fee for a notarial act in excess of the maximum fee allowed by this article.

(5) Taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the notary public or following the procedures for remote notarization set out in this article.

(6) Taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal.

(7) Taking a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness.

(c) A notary public is guilty of a Class D felony if he or she does any of the following with the intent to commit fraud or to intentionally assist in the commission of a fraudulent act:

(1) Takes an acknowledgment, or a verification or proof, or administers an oath or affirmation he or she knows or reasonably believes to be false.

(2) Takes an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary public , or without following the procedures for remote notarization set out in this article.

(3) Takes a verification or proof without the subscribing witness appearing in person before the notary public, or without following the procedures for remote notarization set out in this article.

(4) Performs notarial acts in this state with the knowledge that he or she is not properly commissioned under this chapter.

(d) For purposes of enforcing this chapter, all of the following are applicable:

(1) Any party to a transaction requiring a notarial certificate for verification, and any attorney licensed in this state who is involved in such a transaction in any capacity, may execute an affidavit and file it with either the Secretary of State or the judge of probate who issued the commission to the notary public, setting forth the actions which the affiant alleges are violations. Upon receipt of an affidavit, the Secretary of State or judge of probate shall forward the affidavit to the Alabama State Law Enforcement Agency. Upon receipt of the affidavit, the Alabama State Law Enforcement Agency shall initiate and carry out, on its own or in coordination with local law enforcement agencies, investigations of violations. Founded investigations shall be referred to the appropriate district attorney for prosecution.

(2) Resignation or expiration of a notarial commission does not terminate or preclude an investigation into the conduct of a notary public by the Secretary of State, a judge of probate, or a law enforcement agency who may pursue the investigation to a conclusion, whereupon it may be a matter of public record whether or not the finding would have been grounds for disciplinary action.

(3) The commissioning judge of probate may order injunctive relief against any individual who violates this chapter including, but not limited to, ordering the surrender and destruction of a notary commission and a notary seal.

(e) Any individual who knowingly solicits, coerces, or in any material way influences a notary public to commit official misconduct is guilty as an aider and abettor and is subject to the same level of punishment as the notary public.
Ala. Code § 36-1A-3 — Alabama Code / Title 36 / Chapter 1A / Section 36-1A-3
Section 36-1A-3 Definitions
Status: in_force

As used in this chapter the following words have the following meanings:

(1) ALABAMA STATE EMPLOYEE COMBINED CHARITABLE CAMPAIGN (ASECCC). The annual combined charitable fund-raising program established through this chapter to receive and distribute voluntary payroll deduction contributions of state employees.

(2) CHARITABLE FUND-RAISING FEDERATION. A legally constituted grouping of at least 10 health and human care agencies that are bound together to raise and distribute charitable contributions.

(3) AFFILIATED CHARITABLE AGENCY. A charitable agency which is affiliated with a charitable fund-raising federation for the purpose of directly sharing funds raised by the organization.

(4) CHARITABLE AGENCY. A volunteer, not-for-profit organization under federal regulation 26 CFR 1.501(c)(3) which provides health or human care services to individuals.

(5) CAMPAIGN MANAGER. The participating federation, selected by the local agency review committee, responsible for managing the local state employee combined charitable campaign in each local geographic region or campaign community.

(6) CAMPAIGN COMMUNITY. A local geographic region covered by a campaign manager, the exact boundaries determined by a local agency review committee and approved by a state-level steering committee.

(7) STATE EMPLOYEE CAMPAIGN STEERING COMMITTEE. A committee of seven state employees representing top level leadership and rank and file employees; with the three branches of state government represented, with the chair appointed by the Governor, and with staff assistance furnished by the campaign manager in the Montgomery area; responsible for reviewing appeals of local agency review committee decisions and for overseeing, at the state level, the conduct of the State Employee Combined Charitable Campaign.

(8) LOCAL AGENCY REVIEW COMMITTEE (LARC). A group of state employees in each campaign community responsible for: selecting the local campaign manager; determining the geographic boundaries of the campaign community; determining the eligibility of participating agencies; allocating undesignated funds; and overseeing the actual solicitation of state employees in their respective communities.
Ala. Code § 36-30-50 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-50
Section 36-30-50 Supplemental Insurance Coverage for Firefighters with Cancer
Status: in_force

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

(1) CANCER. Includes bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectum, respiratory tract, skin, testicular, and thyroid cancer, leukemia, multiple myeloma, Hodgkin’s lymphoma, and non-Hodgkin’s lymphoma.

(2) CAREER FIREFIGHTER. Any person employed with the state, a county or municipal government, an airport authority, or a fire district who has obtained certification as a firefighter through and as defined by the Alabama Firefighters’ Personnel Standards and Education Commission, or a firefighter employed by the Alabama Forestry Commission who has been certified by the State Forester as having met the wild land firefighter training standard of the National Wildfire Coordinating Group, and is offered typical employment benefits, including health insurance coverage.

(3) CERTIFIED VOLUNTEER FIREFIGHTER. Any person who is an active member of a volunteer or combination career and volunteer fire department, as recognized by the Alabama Forestry Commission, and who has obtained certification as a volunteer firefighter through and as defined by the Alabama Firefighters’ Personnel Standards and Education Commission, who may or may not receive remuneration for firefighting activities, but is not offered typical employment benefits, including health insurance coverage.

(4) NON-CERTIFIED VOLUNTEER FIREFIGHTER. Any person who is an active member of a volunteer or combination career and volunteer fire department, as recognized by the Alabama Forestry Commission, and who has not obtained certification as a volunteer firefighter through and as defined by the Alabama Firefighters’ Personnel Standards and Education Commission, who may or may not receive remuneration for firefighting activities, but is not eligible for typical employment benefits, including health insurance coverage.

(5) PAID FIRE DEPARTMENT. Any department or division of the state, a county or municipal government, an airport authority, or a fire district with paid employees assigned firefighting duties.

(6) VOLUNTEER FIRE DEPARTMENT. A group of area residents organized to provide fire protection and recognized by the Alabama Forestry Commission as a volunteer fire department.

(b) A paid fire department shall provide and maintain sufficient insurance coverage on each career firefighter to pay claims for cancer diagnosed after the career firefighter has served 12 consecutive months. The insurance benefits required by this section shall include, but not be limited to, both of the following:

(1) One of the following lump sum benefits:

a. A lump sum benefit of twenty-five thousand dollars ($25,000), subject to limitations specified in the insurance contract and payable to the firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that there are one or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that any of the following apply:

1. Surgery, radiotherapy, or chemotherapy is medically necessary.

2. There is metastasis.

3. The firefighter has terminal cancer, is expected to die within 24 months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy.

b. A lump sum benefit of six thousand two hundred fifty dollars ($6,250), subject to limitations specified in the insurance contract and payable to the firefighter upon submission to the insurance carrier or other payor of acceptable proof of diagnosis by a physician board certified in the medical specialty appropriate for the type of cancer involved that any of the following apply:

1. There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary.

2. There are malignant tumors which are treated by endoscopic procedures alone.

3. There are malignant melanomas.

4. There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy.

c. The combined total of all benefits received under this subdivision by a firefighter during his or her lifetime may not exceed fifty thousand dollars ($50,000).

(2) Payable as a result of a specific injury or illness, to begin six months after the disability and submission to the insurance carrier or other payor of acceptable proof of disability precluding service as a firefighter, and continuing for up to 36 consecutive monthly payments, one of the following:

a. For a career firefighter, a monthly benefit of three thousand dollars ($3,000).

b. For a certified volunteer firefighter, a monthly benefit of three thousand dollars ($3,000).

c. For a non-certified volunteer firefighter, a monthly benefit of one thousand five hundred dollars ($1,500).

(3) The benefit provided by subdivision (2), as applicable, shall be subordinate to any other benefit actually paid to the firefighter for the disability from any other source, not including insurance purchased solely by the firefighter, and shall be limited to the difference between the amount of the other paid benefit and the amount specified under subdivision (2), as applicable.

(4) A career firefighter may elect to be voluntarily excluded from the insurance coverage provided by this section. A voluntary exclusion may not be coerced by the employer and shall be presented to the employer in writing. A voluntary exclusion may be revoked at any time. If a voluntary exclusion is revoked by a career firefighter, a consecutive 12-month eligibility period shall be completed.

(c)(1) Any insurer who provides coverage under this section shall make all coverage in subsection (b) available to any volunteer firefighter who has served 12 consecutive months.

(2) Coverage premiums extended to a certified volunteer firefighter shall be consistent with premiums extended to a career firefighter. Coverage premiums extended to a non-certified volunteer firefighter shall appropriately reflect the reduced coverage in paragraph c. of subdivision (2) of subsection (b).

(3) A certified volunteer firefighter or a non-certified volunteer firefighter shall have completed a medical physical and physical statement as required for certification by the Alabama Firefighters’ Personnel Standards and Education Commission prior to coverage issuance.

(4) A volunteer fire department is not required to provide or maintain sufficient insurance coverage for either a certified volunteer firefighter or a non-certified volunteer firefighter. An individual certified volunteer firefighter or non-certified volunteer firefighter may elect to purchase the appropriate supplemental benefits coverage at his or her own expense. Notwithstanding any law to the contrary, nothing in this subsection prevents a volunteer fire department, a county or regional association of volunteer fire departments, a municipality, or any combination of these, from optionally contributing in part or in whole to the premiums of an individual certified volunteer firefighter or non-certified volunteer firefighter.

(d)(1) In the event a career firefighter is employed for firefighting activities by multiple fire departments simultaneously, the primary employer shall be responsible for the requirements of subsection (b). The primary employer shall be identified as the employer who provides primary health insurance benefits to the career firefighter.

(2) With the exception of the benefit provided by paragraph (b)(2)a., any person who was simultaneously a member of more than one fire department at the time of diagnosis may not be entitled to participate in multiple coverages or to receive benefits under this section from or on behalf of more than one of the fire departments.

(3) Any member who received benefits under subdivision (2) of subsection (b) may be required to have his or her condition reevaluated, and in the event a reevaluation reveals that the person has regained the ability to perform duties as a firefighter, then his or her benefits under subdivision (2) of subsection (b) shall cease.

(4) Benefits under subdivision (2) of subsection (b) shall also cease upon the death of the person.

(5) Any firefighter, after at least one year of coverage under this section, who departs from employment, ceases to be an active volunteer, or retires, shall be entitled to continue his or her coverages under this section through a continuation of or conversion to individual coverage. The premium cost for individual coverage shall be equivalent to the current cost of active firefighters.

(e) In addition to any other purpose authorized by law, a county governing body or a municipal governing body may use proceeds from county and municipal taxes not earmarked for other purposes for the purposes of providing insurance to a career firefighter at a paid fire department pursuant to this section.

(f) Any funds received as premiums for the coverages provided by this section may not be subject to any premium taxes otherwise required by law.

(g) The computation of premium amounts by an insurer for the coverages under this section shall be subject to generally accepted adjustments from insurance underwriting.

(h) The Alabama Firefighters’ Personnel Standards and Education Commission may adopt rules as are reasonable and necessary to implement this section.

(i) Both of the following are exempt from state income tax:

(1) The payments received by a firefighter pursuant to this section, to any extent the amounts are included in the federal adjusted gross income of the taxpayer and are not otherwise exempt under any other law.

(2) An amount equal to 100 percent of any premium paid by the individual taxpayer during the taxable year for coverage pursuant to this section, to any extent any deduction has not been included in the federal adjusted gross income of the taxpayer and the amount is not otherwise deductible under any other law.

(j)(1) A paid fire department is not liable under Chapter 5 of Title 25 to a firefighter who elects to receive benefits under this section.

(2) The exemption from liability provided by this section is based on the specific diagnosis for which the firefighter elects to receive benefits.
Ala. Code § 36-6-5 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-5
Section 36-6-5 State Personnel Board to Provide for Salaries of Classified or Unclassified Employees in Pay Plan of Merit System
Status: in_force

The State Personnel Board, with the approval of the Governor, shall provide in the pay plan of the Merit System for the salaries of employees in the classified and unclassified service of the state, in accordance with the procedure and in consideration of the factors set forth in Section 36-26-12.
Ala. Code § 36-21-65 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-65
Section 36-21-65 Board of Commissioners of Alabama Peace Officers’ Annuity and Benefit Fund - Maintenance of Records, Etc
Status: in_force

It shall be the duty of the board to keep permanent records of its membership, receipts, disbursements, investments and all of its other affairs under this article. Such records of the members shall show with respect to each member his name, age, date of beginning of prior service, date of beginning of membership service, the amount of all payments made by him to the fund, the date of any incapacity and the nature thereof and reason therefor, the amount of all annuities or benefits, if any, paid to him under this article and such other information with respect to each member as shall be deemed necessary by the board for the proper determination of eligibility for annuities and benefits under this article and the amount of potential liability of the fund for the same. All records, papers, documents and other data of the board shall be carefully preserved in a safe, secure and permanent manner.
Ala. Code § 36-27-204 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-204
Section 36-27-204 Pensioners Who Retired Prior to Membership of Employer in System; Beneficiaries
Status: in_force

(a) Commencing October 1, 2006, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2005, administered by the Employees’ Retirement System may receive the cost-of-living increase of two percent in his or her gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in his or her gross monthly benefit, except that no pensioner shall receive an increase of less than twenty-five dollars ($25) per month, provided the retired employee retired prior to October 1, 2005, and the employer decides to come under this article and fund the increase.

(b) Commencing October 1, 2006, beneficiaries of Employees’ Retirement System pensioners shall receive the cost-of-living increase of two percent in their gross monthly benefit which the Legislature committed to in Section 14 of Act 2005-316, plus an additional five percent increase in their gross monthly benefit, except that the increase shall not be less than twenty-five dollars ($25) per month. The increases shall be granted provided that the date of death for the deceased pensioner, or the effective date of retirement for the deceased pensioner was prior to October 1, 2005, and the local units elect to fund the increase.
Ala. Code § 36-4-9 — Alabama Code / Title 36 / Chapter 4 / Section 36-4-9
Section 36-4-9 Applicability of Provisions of Chapter
Status: in_force

All of the provisions of this chapter shall apply to the oaths of office of all public officers of this state whose office may be established hereafter, unless the contrary is expressly provided.
Ala. Code § 36-1-5 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-5
Section 36-1-5 Right to Decline Portion of Benefit Payable Under Retirement or Pension and Relief System; Disposition of Amounts Declined
Status: in_force

Any person who is entitled to receive any retirement pay or allowance, pension, survivor’s benefit, disability benefit or other benefit under any retirement system or pension and relief system established for the benefit of employees either of the State of Alabama or any department, agency or institution thereof or of any municipality, county or other subdivision of the state may, at such person’s discretion, decline to accept any portion of the retirement pay or allowance, pension, survivor’s benefit, disability benefit or other benefit which such person is entitled to receive. Each person wishing to exercise the right granted in this section to decline any portion of any such payment, allowance, pension or benefit shall file written notice thereof with the governing authority of the retirement system or pension and relief system in such manner as such authority may prescribe, showing in such notice the amount of such payment, allowance, pension or benefit which such person declines. Upon receipt of such notice, the governing authority of the retirement system or pension and relief system shall cause the payment, allowance, pension or benefit receivable by such person to be reduced in an amount equal to the amount shown in the notice.

All amounts declined and disclaimed in accordance with this section shall accrue to the benefit of the retirement system or pension and relief system and may not, after the disclaimer of any such amount, be reclaimed by the beneficiary thereof; provided, however, that upon receipt of written notice given by any person who has declined any amount of such payment, allowance, pension or benefit, the governing authority of the retirement system or pension and relief system shall cause to be resumed payment of the full amount of such payment, allowance, pension or benefit due such person under the laws, rules and regulations governing the administration of such system.

The board of directors or other like governing authority of each retirement system or pension and relief system established for the benefit of the employees of the State of Alabama, or any department, agency or institution thereof or of any municipality, county or other subdivision of the state shall have authority to make such reasonable rules and regulations as are necessary to carry out the provisions of this section.
Ala. Code § 36-27-194 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-194
Section 36-27-194 Pensioners Who Retired Prior to Membership of Employer in System; Beneficiaries
Status: in_force

(a) Commencing October 1, 2005, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2004, administered by the Employees’ Retirement System may receive an increase in benefits of four percent, except that no pensioner shall receive an increase of less than fifteen dollars ($15) per month, provided the retired employee retired prior to October 1, 2004, and the employer decides to come under the provisions of this article and fund the increase.

(b) Commencing October 1, 2005, beneficiaries of Employees’ Retirement System pensioners shall receive an increase of four percent of their gross monthly benefit, but not less than fifteen dollars ($15) per month, provided the date of death for the deceased pensioner, or the effective date of retirement for the deceased pensioner was prior to October 1, 2004, and the local units elect to fund the increase.
Ala. Code § 36-15-64 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-64
Section 36-15-64 Appointment of Investigators for the Office of the Attorney General - Investigators to Meet Minimum Standards Established for Law Enforcement Officers
Status: in_force

No person shall serve as an Attorney General’s investigator who has not met the minimum standards established for law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission or such other standards as may be hereafter provided by law.

Investigators appointed pursuant to the provisions of this article shall meet such other additional standards as the Attorney General may adopt.
Ala. Code § 36-37-3 — Alabama Code / Title 36 / Chapter 37 / Section 36-37-3
Section 36-37-3 Prohibited Activities by Public Agencies
Status: in_force

Notwithstanding any provision of law to the contrary, and subject to Section 36-37-4, a public agency shall not do any of the following:

(1) Require any person or nonprofit organization to provide the public agency with personal information or otherwise compel the release of personal information.

(2) Release, publicize, or otherwise publicly disclose personal information in its possession.

(3) Request or require a current or prospective contractor or grantee of the public agency to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support.
Ala. Code § 36-21-211 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-211
Section 36-21-211 Recordings Excluded from Personnel Records Classification
Status: in_force

Recordings are not personnel records of any individual employed as a law enforcement officer by a municipality, sheriff’s department, or any agency of the state.
Ala. Code § 36-29-29 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-29
Section 36-29-29 Board Protection from Liability
Status: in_force

The board and the head of each department, agency, or county health department, and their employees shall not incur any liability to any employee for errors or omissions in the performance of any agreement authorized by this article.
Ala. Code § 36-27-122 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-122
Section 36-27-122 Amount of Increase - Persons Whose Employer Participated in Employees’ Retirement System
Status: in_force

Commencing October 1, 1994, each person whose employer participated in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, whose effective date of retirement for purposes of receiving benefits from the Employees’ Retirement System is prior to October 1, 1994, and who is receiving a monthly allowance or is eligible to receive a monthly allowance from the Employees’ Retirement System, shall receive a cost-of-living increase in the amount of one half the amount provided by the formula in Section 36-27-120. Retirees who chose Options 2, 3, or 4 shall receive the cost-of-living increase reduced by the same percentage as the reduction which occurred because of the option selected unless the designated beneficiary under the option is deceased on October 1, 1994, in which case the increase shall not be reduced. Beneficiaries of deceased members or deceased retirees of employers participating in the Employees’ Retirement System pursuant to Sections 36-27-7 and 36-27-7.1, shall be entitled to the increase the retiree has attained using the formula provided in Section 36-27-120, reduced by the retiree’s option election factor.
Ala. Code § 36-27-146 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-146
Section 36-27-146 Beneficiaries of Pensioners Formerly Participating in Retirement Program of Class 1 Municipalities
Status: in_force

Commencing October 1, 1998, beneficiaries of pensioners formerly participating in a retirement program of a Class 1 municipality but whose benefits are currently administered by the Employees’ Retirement System shall receive a monthly increase of sixty-five dollars ($65) provided the local public board elects to fund the increase. All other beneficiaries of Employees’ Retirement System pensioners shall receive an increase of thirty dollars ($30) per month provided the local units elect to fund the increase.
Ala. Code § 36-23-9 — Alabama Code / Title 36 / Chapter 23 / Section 36-23-9
Section 36-23-9 Liability of Constable and Sureties on Bond
Status: in_force

The constable and sureties on his bond are responsible for moneys received by him by virtue of his office upon any summons, attachment or execution issued by any lawful authority, whether the same is received before or after judgment or before or after the return day of the execution.
Ala. Code § 36-11-13 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-13
Section 36-11-13 Proceedings in Circuit Court - Issuance and Service of Order to Appear and Answer Information, Summons and Copy of Information; Setting of Trial Date and Granting of Continuances Generally
Status: in_force

If such information is filed in the circuit court, the judge of such court shall make an order requiring the officer proceeded against to appear at a place and on a day to be specified in the order and answer the information. The clerk of the court shall issue a summons, in which shall be set forth a copy of the order, directed to any sheriff of the state of Alabama, and which, together with a copy of the information, shall be served on such defendant. Another day may be set and other summons issued as often as may be necessary, and continuances may be granted in the discretion of the court.
Ala. Code § 36-22-44 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-44
Section 36-22-44 Election to Participate
Status: in_force

If any sheriff is eligible for retirement under any other county retirement act, he shall make a choice as to which act he desires to come under and shall so notify the county governing body within 60 days after he becomes eligible for any payments under this article. In the event that an elected official’s retirement system should hereafter be established by law, any official elected after the establishment of such retirement system who otherwise would have been covered by the provisions of this article shall automatically be subject to the provisions of such retirement system as a matter of law.
Ala. Code § 36-29-3 — Alabama Code / Title 36 / Chapter 29 / Section 36-29-3
Section 36-29-3 Factors to Be Considered by Board in Design of Health Insurance Plan
Status: in_force

The health insurance plan provided for in this chapter shall be designed by the State Employees’ Insurance Board to provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected hospital, surgical, and medical expenses to be incurred by the affected employee and retiree and dependents and to include reasonable controls, which may include, but are not limited to, deductible, copayment, coinsurance, and other cost containment measures to prevent unnecessary utilization of the various hospital, surgical, and medical services available and to provide reasonable assurance of stability in future years for the plan.
Ala. Code § 36-27A-3 — Alabama Code / Title 36 / Chapter 27A / Section 36-27A-3
Section 36-27A-3 Authority of Board to Promulgate Rules and Regulations
Status: in_force

The board of control is hereby empowered and authorized to promulgate such rules and regulations as may be necessary to implement the provisions of this chapter, and to define terms, words and/or phrases incident thereto, provided such rules shall conform to the requirements of the Internal Revenue Code. The board of control may in its discretion adopt one or more tax deferred savings plans authorized by the federal government if it finds that doing so will offer substantial tax benefits to any segment of the public employees covered under the provisions of this chapter.
Ala. Code § 36-27-54.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-54.1
Section 36-27-54.1 Purchase of Credit for Prior Service with Alabama State Docks
Status: in_force

(a) Any active and contributing member of the Employees’ Retirement System, who is employed by the Alabama State Docks on October 1, 1993, may purchase credit in the Employees’ Retirement System for prior service with the state docks if the member has not received credit in the system for the same prior service and has not vested or otherwise become eligible to receive a retirement benefit by using the same prior service credit in another pension plan offered by the state docks.

(b) A member of the Employees’ Retirement System who is eligible to purchase any prior service credit under subsection (a) shall receive the credit if he or she pays into the system on or before his or her date of retirement, an amount of five percent of the greater of the member’s current annual earnable compensation or average final compensation for the entire period of prior service claimed, or any portion thereof, plus eight percent compounded interest thereon through the date of repayment, for each year of prior service purchased. Prior service may only be purchased in yearly increments. At the same time that the employee makes his or her payment for the prior service credit, the Alabama State Docks shall remit to the Employees’ Retirement System the employer’s share of the cost for the prior service credit being purchased, plus eight percent compounded interest thereon through the date of repayment, as determined by the actuary for the system.

(c)(1) A member purchasing prior service credit under this section shall waive any and all present and future benefits which he or she has qualified to receive under any federal railroad retirement laws, any collective bargaining agreements, or any other pension plans offered by the Alabama State Docks. Failure to waive those benefits shall render a member ineligible to purchase any prior service credit in the Employees’ Retirement System under this section.

(2) The reopening of the Employees’ Retirement System for purchase of prior service credit under this section shall terminate on the date of retirement of the affected employee.
Ala. Code § 36-27-100 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-100
Section 36-27-100 Definitions
Status: in_force

For the purpose of this article only the following words and phrases shall have the following meanings:

(1) LEGISLATURE. The House of Representatives, the state Senate, the Legislative Fiscal Office, and the Legislative Reference Service office of the State of Alabama.

(2) FULL TIME EMPLOYEE. Any person who has worked continuously for the House of Representatives, the state Senate, the Legislative Fiscal Office, or the Legislative Reference Service office of the State of Alabama for three or more continuous years.

(3) PART TIME EMPLOYEE. Any person who has worked a minimum of 80 percent of the legislative sessions for a period of seven or more years, and who works a maximum of six months per year, for the House of Representatives, the state Senate, the Legislative Fiscal Office, or the Legislative Reference Service office of the State of Alabama.
Ala. Code § 36-21-46 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-46
Section 36-21-46 Standards for Applicants and Appointees for Employment as Law Enforcement Officers
Status: in_force

(a) The standards provided in this subsection shall apply to applicants and appointees as law enforcement officers. No city, town, county, sheriff, constable, or other employer shall employ any applicant unless the person submits to the appointing authority an application for employment verified by affidavit of the applicant and showing compliance with the following qualifications:

(1) AGE. The applicant shall be not less than 19 years of age at the time of appointment.

(2) EDUCATION. The applicant shall be a graduate of a high school accredited with or approved by the State Department of Education or shall be the holder of a certificate of high school equivalency issued by general educational development.

(3) TRAINING. Prior to certification, the applicant shall complete the required course of training established by the commission. An applicant may be provisionally appointed for a period of six months. No individual may be employed for an additional period until that individual is certified by the commission.

(4) PHYSICAL QUALIFICATIONS. The applicant shall be certified by a licensed physician designated as satisfactory by the appointing authority as in good health and physically fit for the performance of the duties of a law enforcement officer.

(5) CHARACTER. The applicant shall be a person of good moral character and reputation. In making this determination, the commission shall consider convictions for misdemeanors and other factors set forth in its duly adopted and promulgated rules. No person who has been convicted of a felony shall be certified, employed, appointed, or approved by the commission as a law enforcement officer.

(b) The foregoing requirements shall not apply to any person who is presently employed as a law enforcement officer in the state and who continues to be so employed when he or she makes application for or is employed as a law enforcement officer in a different capacity or for a different employer.
Ala. Code § 36-27-97 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-97
Section 36-27-97 Board of Control’s and Employer’s Duties and Responsibilities; Board May Notify Employers Withdrawn from Participation of Cost-of-Living Increases
Status: in_force

(a) The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-94 and 36-27-96 of this article, and shall notify the chief fiscal officer of each employer the percentum rates of earnable compensation of the members required to be paid to the retirement systems. Each employer of members of the Employees’ Retirement System shall pay on account of the increases provided in Sections 36-27-94 and 36-27-96 in the same manner and from the same source of funds as provided in Sections 36-27-7 and 36-27-24, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-94 and 36-27-96 of this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(b) The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on May 13, 1993, that the cost-of-living increases provided by this article and Sections 36-27-87 through 36-27-93, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
Ala. Code § 36-11-11 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-11
Section 36-11-11 Proceedings in Supreme Court - Powers of Examiners as to Witnesses
Status: in_force

The examiner or examiners so appointed shall have power to issue subpoenas for witnesses, which shall be served by the sheriff of the proper county or by any special constable appointed by such examiner or examiners, to compel the attendance of witnesses by attachment, to punish for contempt by fine or imprisonment in the county jail and to administer oaths to witnesses, and the oaths administered by such examiners shall, in all respects, be deemed and held to be lawful oaths.
Ala. Code § 36-28-1 — Alabama Code / Title 36 / Chapter 28 / Section 36-28-1
Section 36-28-1 Definitions
Status: in_force

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

(1) WAGES. All remuneration for employment, as defined in subdivision (2) of this section, including the cash value of all remuneration paid in any medium other than cash; except, that such term shall not include that part of such remuneration which, even if it were for “employment” within the meaning of the federal Insurance Contributions Act, would not constitute “wages” within the meaning of that act.

(2) EMPLOYMENT. Any service performed by an employee in the employ of the state, or any political subdivision thereof, or any instrumentality of either for such employer, except:

a. Service which, in the absence of an agreement entered into under this chapter, would constitute “employment” as defined in Section 210 of the Social Security Act; or

b. Service which under applicable federal law may not be included in an agreement between the state and the federal agency entered into under this chapter.

(3) EMPLOYEE. An officer of a state, political subdivision or instrumentality whose compensation is paid from funds of the state, political subdivision, instrumentality or employing official. Such term includes all elected or appointed (salaried and fee basis) officers, deputies, assistants and clerks, substitute teachers or any other employees.

(4) FEDERAL AGENCY. Such federal officer, department or agency as is charged on behalf of the federal government by or under the applicable federal law with the particular federal function referred to in this chapter in connection with such term.

(5) POLITICAL SUBDIVISION. Any county, municipal corporation, school district or other equivalent governmental entity.

(6) INSTRUMENTALITY. Such term, when referring to an instrumentality of the state or political subdivision, includes only a legal entity which is separate and distinct from the state or such subdivision and whose employees are not by virtue of their relation to such entity employees of the state or such subdivision.

(7) APPLICABLE FEDERAL LAW. The provisions of the federal law, Public Law 734, 81st Congress, as such act may from time to time be amended, including federal regulations and requirements issued pursuant thereto, or any other federal laws which provide for extending the benefits of Title II of the Social Security Act to employees of states, political subdivisions and their instrumentalities.

(8) SOCIAL SECURITY ACT. The act of Congress approved August 14, 1935, Chapter 531, 49 Stat. 620, officially cited as the “Social Security Act” as such act has been and may from time to time be amended.

(9) FEDERAL INSURANCE CONTRIBUTIONS ACT. Subchapter A of Chapter 9 of the federal Internal Revenue Code as such code has been and may from time to time be amended.
Ala. Code § 36-15-6 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-6
Section 36-15-6 Appointment or Employment of Assistant Attorneys General, Investigators, and Other Employees
Status: in_force

(a) Subject to the Merit System, the Attorney General may appoint as many assistant attorneys general and other employees as the public interest requires by reason of the volume of work in his or her office.

(b) Subject to the Merit System, the Attorney General may employ as many investigators in his or her office as may be necessary to perform investigatory functions for the office.

(c) Investigators appointed pursuant to this section shall have all the powers vested in deputy sheriffs and all other law enforcement officers of the State of Alabama, including, but not limited to, the powers of arrest and the power to serve any and all process, and shall perform the duties, responsibilities, and functions as may be designated by the Attorney General.

(d) No person shall serve as an investigator who has not met the minimum standards established for law enforcement officers by the Alabama Peace Officers’ Standards and Training Commission or other standards as may be hereafter provided by law. Investigators appointed pursuant to this section shall meet other additional standards as the Attorney General may adopt.

(e) All investigators appointed pursuant to this section shall be entitled to all benefits provided employees of the Alabama Department of Public Safety, including, but not limited to, participation in any retirement plan afforded state troopers.
Ala. Code § 36-26-80 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-80
Section 36-26-80 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) LOCAL HEALTH OFFICER. The duly appointed health officer serving a county health department or a district health department.

(2) LOCAL HEALTH DEPARTMENT. The county health department or district health department as set forth in Title 22 of this code.
Ala. Code § 36-11-21 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-21
Section 36-11-21 Fees and Compensation of Witnesses Generally; Statement to Be Filed by Examiner as to Fees and Compensation to Which Witnesses Entitled; Payment of Fees and Compensation of State Witnesses Before Supreme Court When Proceedings Instituted on Information of Attorney General
Status: in_force

Witnesses in impeachment cases are entitled to the same fees and compensation as witnesses in civil cases in the circuit court, to be certified in the same manner and taxed and collected as costs.

The examiner must file with his return a statement showing the names of witnesses examined by each party and the fees and compensation to which they are entitled.

When the proceeding is upon the information of the Attorney General, the fees of witnesses on the part of the state attending before the Supreme Court must be paid out of the treasury on warrant of the Comptroller, drawn upon the certificate of the clerk showing the fees and compensation to which the witness is entitled and the approval of the Attorney General endorsed thereon; but the same must be taxed as costs and, if collected of the defendant, must be by the clerk paid into the Treasury.
Ala. Code § 36-11-2 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-2
Section 36-11-2 Disqualification from Holding Office a Ground for Impeachment
Status: in_force

Any of the officers named in subsection (a) of Section 36-11-1 who shall be disqualified by law from holding office in this state may be impeached and removed from office on proceedings instituted and prosecuted in the manner provided in this chapter.
Ala. Code § 36-27-84 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-84
Section 36-27-84 Board of Control’s and Employer’s Duties and Responsibilities; Employers May Elect to Come Under Provisions
Status: in_force

(a) Commencing with the fiscal year beginning October 1, 1988, the Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-80 and 36-27-82 of this article and shall notify the chief fiscal officer of each employer the percentum rates of earnable compensation of the numbers required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in Sections 36-27-80 and 36-27-82 in the same manner and from the same source of funds as provided in Sections 36-27-24 and 36-27-7, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-80 and 36-27-82 of this article shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(b) No person whose retirement is from a unit participating under Section 36-27-6, shall be entitled to the increased benefits provided in Section 36-27-81 of this article, unless such employer elects to come under the provisions of said section. Any employer making such election must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6, may elect to come under the provisions of this section at the beginning of any subsequent fiscal year and such employer shall not be required to pay said cost-of-living increase retroactively.
Ala. Code § 36-30-21 — Alabama Code / Title 36 / Chapter 30 / Section 36-30-21
Section 36-30-21 Authorized
Status: in_force

(a) If a law enforcement officer who qualifies for benefits under the provisions of this article suffers disability as a result of a law enforcement officer’s occupational disease, his or her disability shall be compensable the same as any service-connected disability under any law which provides benefits for the law enforcement officer or, if a state law enforcement officer, under the state Employees’ Retirement System, the same as if injured in the line of duty. If a law enforcement officer who qualifies for benefits under the provisions of this article dies as a result of a law enforcement officer’s occupational disease, his or her death shall be compensable to the same extent as the death of a law enforcement officer killed in the line of duty; provided, that this article shall not apply to any municipality which has elected to be covered by the workers’ compensation laws of this state.

(b) In order to qualify for benefits under the provisions of this article based on a law enforcement officer’s occupational disease caused by cancer, HIV, or hepatitis, the law enforcement officer shall demonstrate by sufficient evidence all of the following:

(1) That the disease was caused by significant exposure to an agent known to cause the disease according to current medical literature and research.

(2) The exposure occurred while the claimant was acting in the line and scope of employment as a law enforcement officer.

(3) The exposure to the causative agent must be in excess of that experienced by the general population.

(c) Any sudden exposure to a causative agent from a single event shall be reported by a claimant to his or her supervisor within five days of the occurrence of exposure if it is reasonable to believe the claimant was aware of both his or her exposure to the agent and of the hazardous and harmful effects of the sudden exposure to the agent.

(d) If an occupational disease results from long term exposure to a causative agent, rather than from a single event, a claimant shall notify his or her supervisor, within 90 days of a conclusive medical diagnosis of the occupational disease and the determination by a medical doctor that the diagnosis is, or may be, linked to the exposure.
Ala. Code § 36-25-28 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-28
Section 36-25-28 Chapter Not to Deprive Citizens of Constitutional Right to Communicate with Members of Legislature
Status: in_force

Nothing in this chapter shall be construed as to deprive any citizen, not lobbying, of the citizen’s constitutional right to communicate with members of the Legislature.
Ala. Code § 36-29A-8 — Alabama Code / Title 36 / Chapter 29A / Section 36-29A-8
Section 36-29A-8 Trust Fund Disputes
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) ADMINISTRATIVE LAW JUDGE (ALJ). An independent third-party hearing officer appointed by the Chief Administrative Law Judge of the Administrative Law Judge Division (Central Panel) of the office of the Attorney General.

(2) AGENCY. A department, board, bureau, commission, agency, or office of the State of Alabama.

(3) STATE EMPLOYEE. A permanent, non-probationary employee, whether in the classified or unclassified service of the State of Alabama, including, but not limited to, employees of the Department of Mental Health and Mental Retardation.

(b) Notwithstanding any other provision of law to the contrary, a state employee may specifically request that an Administrative Law Judge (ALJ) or the State Employee Injury Compensation Trust Fund Review Board hear and decide any employee dispute related to State Employee Injury Compensation Trust Fund entitlements. The request by the employee must be made in writing to the State Employee Injury Compensation Trust Fund Review Board. If the employee requests that an ALJ hear and decide the dispute, the State Employee Injury Compensation Trust Fund shall provide a copy of the employee’s request to the Administrative Law Judge Division (Central Panel) of the Office of the Attorney General within 10 business days. The request of the employee regarding the hearing must be made within 60 days of the date of the original notification of the State Employee Injury Compensation Trust Fund decision related to the employee’s claim for entitlements. The ALJ shall notify the employee and the State Employee Injury Compensation Trust Fund of the hearing in writing. Said hearing date shall be set within 10 business days of notification and shall be conducted within 90 calendar days unless the ALJ approves a request from the employee or the State Employee Injury Compensation Trust Fund to delay the hearing date. The presentations at the hearing shall follow accepted legal procedures insofar as is practical but shall not be restricted by formal legal rules of evidence and procedure. In all matters involving the employee’s claim for entitlements, due process shall be strictly adhered to. Hearings involving the employee’s claim for entitlements shall be held in accordance with the provisions of the Alabama Administrative Procedure Act. At no expense to the State Employee Injury Compensation Trust Fund or the employee’s agency, the employee shall have the right to be represented at the hearing by an attorney or other employee representative. The ALJ shall hear and decide claims for entitlements as stated herein at a rate of not less than $85.00 per hour which shall be paid by the relevant state agency. The rate shall not exceed the normal hourly rate authorized by the Governor for legal services contracts. The decision rendered by the ALJ or the State Employee Injury Compensation Trust Fund Review Board shall be within 60 days of the employee’s written request for review unless the ALJ approves a request from the employee or the State Employee Injury Compensation Trust Fund to delay the hearing date. The decision may be appealed to the Circuit Court of Montgomery County.
Ala. Code § 36-27-85 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-85
Section 36-27-85 Effect of Medicaid Benefits
Status: in_force

Any person who receives benefits under the Medicaid program and whose eligibility for such benefits would be impaired by the cost-of-living increase provided herein shall not be entitled to receive said increase. Any person who shall subsequently apply for benefits under the Medicaid program and such person’s eligibility to receive benefits is impaired by the cost-of-living increase provided herein, shall not be entitled to receive said increase subsequent to the date that the member files application for benefits under the Medicaid program.
Ala. Code § 36-21-66 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-66
Section 36-21-66 Alabama Peace Officers’ Annuity and Benefit Fund Created; Purpose and Official Designation; Composition Generally; Investment, Expenditure, Etc., of Moneys Therein
Status: in_force

A special fund is established and placed under the management of the board for the purpose of providing retirement allowances and other benefits under this article for members of the fund. The fund shall be known as the Alabama Peace Officers’ Annuity and Benefit Fund, by and in which name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purposes for which received. All amounts received by the board pursuant to this article shall be paid into the fund. The board shall have such control of the fund as shall not be inconsistent with this article and with the laws of the state. All moneys of the board shall either be deposited into the State Treasury or in a special trust account or accounts in any bank or banks in the state, each of which shall have a combined capital and surplus of not less than two million dollars ($2,000,000) and may be withdrawn therefrom by vouchers or checks signed by the executive director pursuant to authorization given by the board. All investments of moneys in the fund shall be either deposited with the State Treasurer for safekeeping upon receipt of the State Treasurer therefor or deposited with any bank in a custodial account. The board may expend moneys in the fund in accordance with this article and invest any moneys received pending other needs therefor in any investments in those classes of bonds, mortgages, common and preferred stocks, shares of investment companies or mutual funds, or other investments as the board, or its agents as the agents are authorized to act on behalf of the board, may, from time to time, approve with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with investment matters would use in the conduct of an enterprise of a similar character and with similar aims and objectives. The board may enter into contracts with registered investment advisors pursuant to which custody of the assets of the fund are delivered to the advisor which shall invest and reinvest the assets for the benefit of the fund in investments permitted under this section. The selection of the investment shall be totally in the discretion of the registered investment advisor subject only to guidelines established by the board. For purposes of this section, a registered investment advisor is a person or entity registered as an investment advisor under subsection (b) of Section 8-6-3. No member of the board shall have any interest in any investment or receive any commission with respect thereto.
Ala. Code § 36-15-61 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-61
Section 36-15-61 Appointment of Investigators for the Office of the Attorney General - Funds for Compensation
Status: in_force

The compensation, salaries, expenses and benefits for such investigators shall be provided from funds which may be now or hereafter available to the Attorney General.
Ala. Code § 36-15-11.1 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-11.1
Section 36-15-11.1 Paralegal Employees for Attorney General
Status: in_force

The Attorney General may employ within his or her office no more than 10 paralegal employees whose compensation, salaries, and expenses or benefits shall be paid from funds available to the Attorney General in the same amounts and manner as provided for special administrative assistants under this article. The paralegal employees shall be appointed by and serve at the pleasure of the Attorney General.
Ala. Code § 36-12-21 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-21
Section 36-12-21 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Filing of Complaint; Issuance of Order to Person Refusing, Etc., to Deliver Papers, Etc., to Show Cause Why Delivery of Same Should Not Be Compelled
Status: in_force

If any person refuses or neglects, after demand made, to deliver over any books, papers or property as required in Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court or judge of the probate court of the county in which the person refusing resides; and, if such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered that any such books, papers or property are withheld, he shall grant an order requiring the person so refusing to show cause before him, on a day and at a place named in such order, why he should not be compelled to deliver the same.
Ala. Code § 36-11-25 — Alabama Code / Title 36 / Chapter 11 / Section 36-11-25
Section 36-11-25 Proceedings Where Defendant Has Removed, Absconded, or Secreted Himself
Status: in_force

If, in any case of proceedings for impeachment or removal from office under this chapter, the defendant has removed, absconded or secreted himself so that the summons cannot be served on him personally, the sheriff or other officer to whom the summons is issued shall serve the same by leaving a copy thereof at the office of the defendant, if known, or at his last place of residence; and the sheriff shall forthwith publish in some newspaper published in the county or, if no newspaper is published in the county, in the newspaper published nearest thereto a copy of the summons and notice to the defendant where a copy thereof has been left for him. The sheriff shall make return of the summons as in other cases, stating the facts, and such service shall be as valid to all intents and purposes as personal service on the defendant; and, if the defendant fails to appear pursuant to the summons, whether served personally or as provided by this section, the court shall cause the plea of not guilty to be entered for him and the trial shall proceed as in other cases.
Ala. Code § 36-6-64 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-64
Section 36-6-64 Funding
Status: in_force

It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget acts for the affected entities.
Ala. Code § 36-27E-9 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-9
Section 36-27E-9 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed to define or otherwise grant any right or privilege to periodic bonus checks or other pension benefits to any person other than those periodic bonus checks, rights, and privileges previously or already granted to employees and retired employees and their beneficiaries by the State Employees’ Retirement System pension plan. The rights and privileges, if any, shall be governed by the terms of the pension plan, if any. This chapter is not intended to assure or deny any existing or future employee or retired employee, or any of their beneficiaries or any other person of any right of employment or entitlement to any periodic bonus check or to otherwise restrict the ability of the state to modify or eliminate any existing or future increase benefit.
Ala. Code § 36-14-7 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-7
Section 36-14-7 Disposal of Certain Books, Acts, Codes, Etc. - List of Books to Be Filed with Governor; Returns and Payments to Director of Finance
Status: in_force

The Secretary of State must, at the commencement of his term of office, file in the Governor’s office a list of such books as come into his possession for sale and must, at the end of every quarter of such term, return to the Director of Finance a certified statement showing the number and description of books sold and the amount of money received therefor at prices fixed upon such books and pay the same to the Treasury for the use of the state.
Ala. Code § 36-27-42 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-42
Section 36-27-42 Credit for Prior Service - Generally
Status: in_force

Any member who was a member of the Employees’ Retirement System on October 1, 1974, and who prior to said date had been ineligible to receive credit for service rendered as an employee prior to October 1, 1945, for reasons other than having been employed as a nonmember, shall be eligible under the provisions of Article 1 of this chapter to receive credit for all service as an employee rendered by him prior to the date of establishment of the retirement system; provided, that such person has never waived his claim on the funds of the retirement system by withdrawing his accumulated contributions to said funds; and provided, that said member has not been absent from service more than five years in any period of six consecutive years after becoming a member of the retirement system.
Ala. Code § 36-21-184 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-184
Section 36-21-184 Board of Commissioners of the Alabama Firefighters Annuity and Benefit Fund - Maintenance of Records
Status: in_force

The board shall keep permanent records of its membership, receipts, disbursements, and all of its other affairs under this article. Such records of the members shall show, with respect to each member, his or her name, age, date of beginning of prior service, date of beginning of membership service, the amount of all payments made by him or her to the fund, the date of any incapacity and the nature thereof and reason therefor, the amount of all annuities or benefits, if any, paid to him or her under this article, and such other information with respect to each member as shall be deemed necessary by the board for the proper determination of eligibility for annuities and benefits under this article and the amount of potential liability of the fund for the same. All records, papers, documents, and other data of the board shall be carefully preserved in a safe, secure, and permanent manner.
Ala. Code § 36-6-53 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-53
Section 36-6-53 Source of Funds
Status: in_force

The amounts necessary to pay state officials and employees the increased salaries for the fiscal year beginning October 1, 1998, shall be paid from those funds that the salaries of the state officials and employees are paid.
Ala. Code § 36-25A-3 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-3
Section 36-25A-3 Notice Requirements
Status: in_force

(a) Unless otherwise specified by law and as provided herein, any governmental body subject to this chapter, except for an advisory board, advisory commission, advisory committee, task force, or other advisory body created solely to make recommendations on public policy issues and composed of persons who do not receive compensation for their service as members of the board, commission, committee, task force, or body from public funds, shall post notice of all meetings, as defined in Section 36-25A-2(6)a.1., at least seven calendar days prior to the meeting as follows:

(1) The Alabama Legislature is solely governed by the Alabama Constitution which establishes that the doors of each house of the Alabama Legislature shall be open to the public unless a vote is taken that secrecy is required under the circumstances. The respective houses of the Alabama Legislature shall develop rules consistent with the Constitution of Alabama of 2022, providing for access to and prior notice of all sessions and standing committee and standing subcommittee meetings and all meetings of permanent and joint legislative committees. Because the Alabama Legislature is solely governed by the Alabama Constitution and sets its own rules to ensure public access as guaranteed by the Constitution, no other provision of this chapter applies to the Alabama Legislature.

(2) Any governmental body with statewide jurisdiction shall submit notice of its meeting to the Secretary of State. The Secretary of State shall post the notice on the Internet for at least seven calendar days prior to the day of the meeting. The Secretary of State shall also send electronic mail notifications to anyone who has registered with the Secretary of State to receive notification of meetings. The Secretary of State may promulgate reasonable rules and regulations necessary for the uniform receipt and posting of notice and of registration for electronic mail notification. The Secretary of State shall provide during regular office hours a computer terminal at a place convenient to the public in the office of the Secretary of State that members of the public may use to view notices of meetings posted by the Secretary of State. Any governmental body with less than statewide jurisdiction may also submit notice to the Secretary of State for posting on the website. Nothing shall prevent a governmental body subject to this subsection from posting notice in any additional manner.

(3) A municipal governmental body shall post notice of each meeting on a bulletin board at a place convenient to the public in the city hall, provided, however, that a corporation a majority of whose governing board is appointed or elected by a municipality and that has a principal office separate from the city hall may, in lieu of posting notice in the city hall, post notice of each meeting on a bulletin board at a place convenient to the public in the principal office of the corporation or other instrumentality.

(4) A local school board shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the board.

(5) Any other governmental body shall post notice of each meeting in a reasonable location or shall use a reasonable method of notice that is convenient to the public. Any change of the location or method for posting notices of meetings shall not take effect until the change has been approved at an open meeting by the members of the governmental body and announced to the public at an open meeting.

(6) If practicable, a governmental body other than those with statewide jurisdiction, in addition to the posting requirements, shall provide direct notification of a meeting, as defined in Section 36-25A-2(6)a., to any member of the public or news media covering that governmental body who has registered with the governmental body to receive notification of meetings. A governmental body may promulgate reasonable rules and regulations necessary for the uniform registration and payment for direct notice and for the distribution of the notices. The governmental body may choose to transmit a notice using electronic mail, telephone, facsimile, the United States Postal Service, or any other method reasonably likely to provide the requested notice. The actual cost of issuing notices, if there is one, may be required to be paid in advance by the person requesting notice by the governmental body. Direct notice to persons who have registered with the governmental body shall, at a minimum, contain the time, date, and place of the meeting.

(b) Unless otherwise specified by law directly applicable to the governmental body, notice of a meeting, as defined in Section 36-25A-2(6)a.2. and 3. as well as meetings called pursuant to Section 11-43-50 shall be posted as soon as practicable after the meeting is called and in no event less than 24 hours before the meeting is scheduled to begin, unless such notice (i) is prevented by emergency circumstances requiring immediate action to avoid physical injury to persons or damage to property; or (ii) relates to a meeting to be held solely to accept the resignation of a public official or employee. In such situations, notice shall be given as soon as practical, but in no case less than one hour before the meeting is to begin. At the same time general notice is given, special notice shall be directed to any person who has registered to receive direct notices pursuant to the provisions of subsection (a)(6).

(c) Posted notice pursuant to this section shall include the time, date, and place of meeting. If a preliminary agenda is created, it shall be posted as soon as practicable in the same location or manner as the notice given pursuant to this section. A governmental body may discuss at a meeting additional matters not included in the preliminary agenda. If a preliminary agenda is not available, the posted notice shall include a general description of the nature and purpose of the meeting.

(d) County commissions which provide proper notice in conformance with Section 11-3-8 shall not be required to comply with subsections (a), (b), and (c) of this section, nor shall committees or subcommittees of such commissions so long as the committees also comply with the notice procedures applicable to the full commission in Section 11-3-8.

(e) Governmental bodies may give, but shall not be required to give, notice of quasi-judicial or contested case hearings which could properly be conducted as an executive session under this chapter or existing state law.

(f) A governmental body is authorized, but not required, to provide notice in addition to that specified in this section and to provide notice for gatherings which are not meetings as defined in Section 36-25A-2(6).
Ala. Code § 36-27E-5 — Alabama Code / Title 36 / Chapter 27E / Section 36-27E-5
Section 36-27E-5 Liability of Trustees
Status: in_force

(a) A trustee may not be any of the following:

(1) Personally liable for any liability, loss, or expense suffered by the trust fund, unless the liability, loss, or expense arises out of, or results from, conduct described in Section 36-1-12.

(2) Responsible for the adequacy of the trust fund to meet and discharge any obligation under the relevant pension plan.

(3) Required to take action to enforce the payment of any contribution or appropriation to the trust fund.

(b) A trustee is immune from suit to the same extent as the state, its agencies, officers, and employees.

(c) A trustee may be indemnified by the trust fund and from funds of the trust fund against costs, liabilities, losses, damages, and expenses including, but not limited to, attorney fees, as may be more fully provided in a respective trust fund agreement, unless the cost, liability, loss, damage, or expense arises out of, or results from, the willful misconduct or intentional wrongdoing of the trustee.
Ala. Code § 36-5-19 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-19
Section 36-5-19 Conditions of Official Bonds; Effect of Irregularities in Form, Contents, Approval, Etc., of Bonds Upon Validity Thereof Generally
Status: in_force

(a) The bonds of all officers required to give bond shall be conditioned in the following form:

“Whereas the above bound A. B. was duly elected (or appointed) to the office of _____ on the _____ day of _____, for the term of _____ years from the _____ day of _____; therefore, if he shall faithfully perform and discharge all the duties of said office during his continuance therein, then the above obligation to be void.”

(b) A failure to observe the form prescribed in subsection (a) of this section shall not vitiate any official bond. All official bonds shall be valid and binding in whatever form they may be taken, except so far as they may be conditioned for the performance of acts in violation of the laws or policy of the state, whether in the proper penalty or without any penalty, whether correct or incorrect in their recitals as to the term of office or otherwise, whether properly payable, whether approved by the proper officer or not approved by any or whether irregular in any other respect. Such a bond, if delivered as the official bond of the officer and serving as such, shall be obligatory on everyone who subscribed it for the purpose of making the official bond of such officer to the full penalty or, if it has no penalty, to the full penalty of the bond which might have been required.
Ala. Code § 36-7-4 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-4
Section 36-7-4 Advancement of Traveling Expenses of Municipal Officers or Employees - Itemized Statement of Expenses to Be Presented and Approved Upon Return of Officer or Employee; Effect of Failure to Present Statement and Secure Approval Thereof
Status: in_force

When any sum is advanced to an officer or employee of any county or municipality to be used to defray expenses incurred while traveling beyond the borders of the municipality or county, the itemized statement required as provided for in Section 36-7-1 shall be presented immediately upon the return of such officer or employee to the county or municipality, and failure to present and have approved such statement shall render such officer or employee personally liable to the county or municipality for the sum advanced, which sum shall, if such officer or employee is drawing pay for his services from the municipality or county, be deducted from any sum then or in the future owed by the municipality or county to such officer or employee.
Ala. Code § 36-35-10 — Alabama Code / Title 36 / Chapter 35 / Section 36-35-10
Section 36-35-10 Waivers
Status: in_force

A department or governmental entity may seek any waivers of federal law, rule, or regulation necessary to implement this chapter.
Ala. Code § 36-21-220 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-220
Section 36-21-220
Status: in_force

This article shall be known and cited as the Alabama Law Enforcement Officers’ Family Scholarship Program.
Ala. Code § 36-6A-4 — Alabama Code / Title 36 / Chapter 6A / Section 36-6A-4
Section 36-6A-4 Maintenance of Health Care Benefits and Payments Therefor
Status: in_force

(a) During an eligible employee’s parental leave, the applicable employing agency shall continue to pay the employer’s contribution to maintain any health care benefits the employee had at the time of the qualifying event for the duration of the leave as if the eligible employee had continued in employment continuously from the date the eligible employee commenced the parental leave until the date the eligible employee returns from the leave.

(b) The eligible employee shall continue to pay his or her share of the cost of health care benefits, if any, as was required of him or her prior to the commencement of parental leave.
Ala. Code § 36-17-18 — Alabama Code / Title 36 / Chapter 17 / Section 36-17-18
Section 36-17-18 Investment of Surplus State Funds in Obligations of United States and State of Israel
Status: in_force

(a) The State Treasurer is authorized and empowered, in his or her discretion, with the written approval of the Governor, to invest funds held in the State Treasury in direct obligation of the United States of America and in direct obligations backed by the full faith and credit of the State of Israel whenever and to the extent that the amount of any such funds exceeds the amount which the State Treasurer finds, with the written approval of the Governor, cannot be applied either immediately or within a short time to any purpose for which such funds are held.

(b) For the purpose of making investments under the provisions of this section, the State Treasurer, with the written approval of the Governor, is authorized to make purchases and sales of direct obligations of the United States of America and the State of Israel, and the State Treasurer shall be the custodian thereof.

(c) All direct obligations of the United States of America and the State of Israel in which any such funds are invested pursuant to the provisions of this section shall be registered in the name of the State Treasurer of Alabama in trust for such fund to which such investments belong, and all such direct obligations and any interest or other earnings thereon shall be held by the State Treasurer in the State Treasury in the fund in which the funds so invested were held prior to the investment thereof as herein authorized.

(d) All earnings and income from the investments under the provisions of this section, unless otherwise provided, are hereby appropriated to and made a part of the fund from which the investment is made.
Ala. Code § 36-6-32 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-32
Section 36-6-32 Authority to Revise Schedule or Rates in Existing Pay Plans
Status: in_force

The Director of the State Personnel Department shall revise the schedule or rates set forth in the pay plan for state employees and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to all court officials and employees within the Unified Judicial System who serve the trial and appellate courts of the state and the Administrative Office of Courts, the Administrative Director of Courts shall revise the schedule of rates set forth in the pay plan for such court officials and employees to reflect the increase provided herein, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith. With respect to the legislative employees, the Secretary of the Senate for Senate employees, the Clerk of the House of Representatives for House employees, and the Director of the Legislative Reference Service for Legislative Reference Service employees, and the Director of the Legislative Fiscal Office for Legislative Fiscal Office employees shall revise the schedule or rates set forth in the pay plan for such legislative employees to reflect the increase provided herein, and shall certify the same to the state Comptroller, who shall issue warrants in accordance therewith.
Ala. Code § 36-32-3.1 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-3.1
Section 36-32-3.1 Required Training Related to or Interacting with Individuals with Sensory Needs or Invisible Disabilities
Status: in_force

(a) Beginning January 1, 2025, the Alabama Firefighters’ Personnel Standards and Education Commission shall: (i) within six months of a fire-protection personnel becoming certified, require him or her to complete one hour of training on interacting with individuals with sensory needs or invisible disabilities; and (ii) require each fire-protection personnel and certified volunteer firefighter to complete one hour of training on interacting with individuals with sensory needs or invisible disabilities every other year.

(b)(1) The Alabama Firefighters’ Personnel Standards and Education Commission shall collaborate with a nonprofit entity that provides training on individuals with sensory needs or invisible disabilities to administer the training required by this section. The entity shall provide the required training related to individuals with sensory needs or invisible disabilities without compensation. The training may be provided in person or online. The commission shall ensure the entity chosen to administer the training annually reviews and updates the training to include changes and trends relating to individuals with sensory needs or invisible disabilities.

(2) The training requirements of this section only apply if the company that the commission collaborates with pursuant to subdivision (1) provides the training without compensation.

(c) The training requirements of subsection (a) do not apply to employees of the Alabama State Forestry Commission.

(d) This section shall not be construed to eliminate, alter, or otherwise modify any immunity regarding fire-protection personnel or certified volunteer firefighters established under the constitution and laws of this state.
Ala. Code § 36-21-101 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-101
Section 36-21-101 Definitions
Status: in_force

As used in this article, unless the context requires otherwise, the following terms shall have the following meanings:

(1) BOARD. Tuition Eligibility Board.

(2) ELIGIBLE PROGRAM. Any program leading to a diploma, certificate, or undergraduate degree in a state college, state community college, state junior college, state technical college, or state university.

(3) RESCUE SQUAD MEMBER. A member of an organized rescue squad of a city, town, county, or other subdivision of the state or of a public corporation, organized for the purpose of providing, within the scope of his or her practice: First aid, treatment or transport of the sick or injured; rescue or recovery operations at incidents of drowning; search and rescue of individuals lost or incapable of self rescue; or any other emergency or non-emergency incident where the services provided by the rescue squad are deemed necessary for incident stabilization. The term includes all commanders, officers, and members of organized rescue squads that are members of the Alabama Association of Rescue Squads.

(4) TUITION. The cost of instruction and fees to the student as stated in the institution’s catalog, plus the cost of books and supplies.

(5) VOLUNTEER FIREFIGHTER. Any person who meets all requirements set forth by his or her department, as attested by the chief of that department, and who is any of the following:

a. A member of a certified volunteer fire department as provided in Section 9-3-17.

b. A volunteer firefighter of a fire department of an incorporated municipality.

c. A volunteer firefighter of a fire district established pursuant to state law.
Ala. Code § 36-20-54 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-54
Section 36-20-54 Powers of Civil Law Notaries; Construction of Article
Status: in_force

(a) The powers of civil law notaries include, but are not limited to, all of the powers of a notary public under the laws of this state.

(b) This article shall not be construed as abrogating the provisions of any other act relating to notaries public, attorneys, or the practice of law in this state.
Ala. Code § 36-27-11 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-11
Section 36-27-11 Determination of Prior Creditable Service; Computation of Creditable Service at Retirement; Procedure for Restoration of Creditable Service to Certain Persons; Payment of Makeup Contributions by Certain Persons
Status: in_force

(a) Under such rules and regulations as the Board of Control shall adopt, each member who was an employee prior to October 1, 1945, and who has made up contributions for time served as a nonmember and who becomes a member prior to September 1, 1966, shall file a detailed statement of all service as an employee rendered by him prior to October 1, 1945, for which he claims credit.

(b) The Board of Control shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall it allow any credit for a period of absence without pay of more than one month’s duration, nor shall more than one year of service be creditable for all service in one calendar year.

(c) Subject to the restrictions in subsection (b) of this section and to such other rules and regulations as the Board of Control may adopt, the Board of Control shall verify, as soon as practicable after the filing of the statements of service provided for in subsection (a) of this section, the service therein claimed.

(d) Upon verification of the statements of service, the Board of Control shall issue prior service certificates certifying to each member the length of service rendered prior to October 1, 1945, with which he is credited on the basis of his statement of service. Any beneficiary retired prior to October 1, 1945, and any other person receiving a retirement allowance on account of a beneficiary retired prior to said date shall be entitled on and after said date to have his pension increased to take account of any service rendered as an employee established under the provisions of this article. So long as membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that any member may, within one year from the date of issuance or modification of such certificate, request the Board of Control to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. Should the employee again become a member, he shall enter the system as an employee not entitled to prior service credit.

(e) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member, and also, if he has a prior service certificate which is in full force and effect, the amount of the service certified on his prior service certificate.

(f) Any person who was a member of the retirement system on July 1, 1961, and who prior to said date had been ineligible to receive credit for service rendered as an employee prior to October 1, 1945, for reasons other than having been employed as a nonmember shall be eligible under the provisions of this article to receive credit for all service as an employee rendered by him prior to October 1, 1945; provided, that such person has never waived his claim on the funds of the retirement system by withdrawing his accumulated contributions to said funds and has not been absent from service more than five years in any period of six consecutive years after becoming a member of the retirement system.

(g) Any member entitled to prior service credit as provided in this section who served as a teacher in the public schools or colleges of the state on a full-time basis prior to October 1, 1945, may claim prior service credit for all such service not otherwise creditable to him under the retirement system, such service, anything in this chapter to the contrary notwithstanding, to be considered service as an employee. Such claim shall be subject to such rules and regulations as the Board of Control shall adopt.

(h) Anything in this article to the contrary notwithstanding, any employee who is a member of the retirement system or any future employee who becomes a member of the retirement system who shall have previously withdrawn his funds from either the Employees’ Retirement System or the Teachers’ Retirement System or whose account shall have been terminated due to five years absence shall have restored to him all creditable service; provided, that said employee shall complete two years of contributing membership service after he again becomes a member of the retirement system and shall repay the amount previously returned to him, including compounded interest of eight percent to the date of repayment, to the treasurer of the retirement system prior to the date of retirement of said employee. Notwithstanding the foregoing provisions any member who elects to purchase credit for withdrawn service shall be eligible to purchase such credit only to the extent that such member does not have credit established with any other public retirement system for such period of service. Should any member have established part credit with another public retirement system for any period of withdrawn service, then such member shall only be eligible to purchase that portion of such withdrawn service for which such member does not otherwise have credit. In determining credit with other public retirement systems coverage under the federal Social Security program shall not be considered.

(i) Anything in this article to the contrary notwithstanding, any employee who has been retired from service and who has been receiving a service retirement allowance or a disability retirement allowance, as of October 1, 1981, pursuant to Section 36-27-16, who had five years or more of contributing membership service in the Employees’ Retirement System immediately prior to being retired and who had previously withdrawn his funds from either the Teachers’ Retirement System or the Employees’ Retirement System or whose account had been terminated due to five years absence, shall have restored to him all credited service; provided that said retired member shall repay to the treasurer of the retirement system within one year after October 1, 1982, the amount previously returned to him including compounded interest of eight percent to the date of repayment.

(j) Anything in this article to the contrary notwithstanding, any member who has served as a county engineer shall be allowed to make contributions to the retirement system, together with regular interest to date of payment, on the basis of the amount he would have contributed had he as a county engineer been allowed to contribute on that part of his salary paid by the State Highway Department. Such makeup contribution shall be for service from October 1, 1945, to September 30, 1965, and shall be paid in a lump sum before January 1, 1966, whereupon after payment is received the member shall be credited with membership service based on the percentage of the salary as county engineer which was paid by said Highway Department funds.

(k) Any member who was in service as a teacher in the public schools of Alabama subsequent to October 1, 1945, who resigned from service as a teacher to become employed by the state as a department head authorized to exercise sovereign power of the state may be allowed to make contributions to the retirement system, together with regular interest to date of payment, on the basis of the amount he would have contributed had he been allowed to become a member of the system upon such employment. Such makeup contributions shall be paid in a lump sum before January 1, 1966.
Ala. Code § 36-13-15 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-15
Section 36-13-15 Disbursement of Discretionary Funds
Status: in_force

It is the intent of the Legislature that any discretionary funds appropriated to the Governor, or otherwise under the control of the Governor, not be disbursed by the Governor based upon race, gender, or national origin.
Ala. Code § 36-21-77 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-77
Section 36-21-77 Benefits, Annuities, Etc., Not Subject to Attachment, Garnishment, Assignment, Etc.; Annuities and Benefits to Be Paid Directly to Member or Beneficiary
Status: in_force

None of the moneys referred to in this article or any benefit or annuity payable under this article shall be subject to attachment, garnishment or judgment entered against any member or any beneficiary entitled to receive the same nor shall any such be assignable. All payments of such annuities and benefits shall be paid directly to the member or to the beneficiary provided for in this article.
Ala. Code § 36-22-45 — Alabama Code / Title 36 / Chapter 22 / Section 36-22-45
Section 36-22-45 Exemptions from Article
Status: in_force

No part of this article shall apply to counties having a population of 175,000 to 300,000, nor those counties having a population of 90,000 to 100,000.

The provisions of this article shall not affect Lee County.
Ala. Code § 36-27-91 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-91
Section 36-27-91 Payment by Employer to Be Determined by Board of Control; Election by Employer Participating Under Section 36-27-6
Status: in_force

(a) The Board of Control of the Employees’ Retirement System shall determine annually the amount required to pay the cost of the increased allowance provided under Sections 36-27-87 and 36-27-89 and shall notify the chief fiscal officer of each employer the percentum rates of earnable compensation of the members required to be paid to the retirement system. Each employer of members of the Employees’ Retirement System of Alabama shall pay on account of the increases provided in Sections 36-27-87 and 36-27-89 in the same manner and from the same source of funds as provided in Sections 36-27-24 and 36-27-7, it being the intent of the Legislature that the cost of providing the increases in Sections 36-27-87 and 36-27-89 shall be distributed from all funds in proportion to the salaries paid therefrom for active members.

(b) No person whose retirement is from a unit participating under Section 36-27-6 shall be entitled to the increased benefits provided in Section 36-27-88, unless such employer elects to come under the provision of said section. Any employer making such election must bear the cost of cost-of-living increases paid to its former employees pursuant to this section. Any employer participating under Section 36-27-6 may elect to come under the provisions of this section at the beginning of any subsequent fiscal year and such employer shall not be required to pay said cost-of-living increase retroactively.
Ala. Code § 36-35-6 — Alabama Code / Title 36 / Chapter 35 / Section 36-35-6
Section 36-35-6 Annual Report
Status: in_force

The board shall report the savings from rebates and discounts to the Legislature by February 1 of each year, beginning in 2005.
Ala. Code § 36-27-134 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-134
Section 36-27-134 Notification of Employers Who Have Withdrawn from Participation
Status: in_force

The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on October 1, 1996 that the cost-of-living increases provided by this article and Act No. 93-604, 1993 Regular Session, and Act No. 94-232, 1994 Regular Session, as amended by Act No. 94-768, 1994 Special Session, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
Ala. Code § 36-5-5 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-5
Section 36-5-5 To Whom Bonds Payable; Sureties; Conditions Generally
Status: in_force

The bond of each public officer required by law to give bond must, unless it is otherwise provided, be made payable to the State of Alabama, with such sureties as the approving officer is satisfied have the qualifications required by law, with condition, in all cases in which a different condition is not prescribed, faithfully to discharge the duties of such office during the time he continues therein or discharges any of the duties thereof.
Ala. Code § 36-32-5 — Alabama Code / Title 36 / Chapter 32 / Section 36-32-5
Section 36-32-5 Functions and Duties
Status: in_force

The commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:

(1) To study, obtain data, statistics, and information and make reports concerning the recruitment, selection, and training of fire-protection personnel in the state; to make recommendations for improvement in methods of recruitment, selection, and training of such personnel.

(2) To recommend minimum curriculum requirements for schools operated for the specific purpose of training firefighter recruits or fire-protection personnel.

(3) To consider, hold public hearings on, adopt, and promulgate such standards relating to trainees as fire-protection personnel as set forth by the commission.

(4) To consult and coordinate through memorandum of agreement or understanding when applicable with any fire-fighting agency, university, college, community college, the federal government or any branch thereof, or other educational institution concerning the provision of or development anywhere of, or both, firefighter training schools and programs of courses of instruction, including, but not limited to, education and training in the areas of fire science, fire technology, fire administration, and all allied and supporting fields, including travel out of the State of Alabama, for business, administrative, and instruction purposes which shall be authorized only by the commission and shall be allowed under the same conditions as for state officers and employees pursuant to Section 36-7-21.

(5) To encourage the establishment of fire-fighting training schools and courses on fire fighting in the educational institutions in the state.

(6) To gather statistics and data and make reports concerning the training of fire-protection personnel and their accomplishments.

(7) To certify fire-fighting training and education programs as having attained the minimum required standards prescribed by such commission.

(8) To certify fire-protection personnel in respect to their competence to perform fire service duties at various defined levels of responsibility as prescribed by such commission.

(9) To direct research in the field of fire fighting and prevention and to accept gifts and grants for such purposes.

(10) To consult with national fire service organizations or agencies concerning the training and certification of fire-protection personnel in the state.

(11) To establish and utilize testing procedures and levels of grading which are consistently uniform with the standard prescribed by such commission.

(12) To make investigation to determine whether the requirements of this chapter and the rules, regulations, and standards of the commission issued pursuant to this chapter are being observed and followed.

(13) To recommend to the Attorney General, the district attorneys and other appropriate officials measures for the enforcement of the requirements of this chapter and the rules, regulations, and standards issued by the commission pursuant to this chapter.

(14) To enter into cooperative agreements with state and local fire-fighting agencies for the effective coordination of fire-fighting training in the state.

(15) To obtain the services and advice of experts in the field of fire-fighting for the purpose of aiding the commission in its studies, consideration, reports and recommendations, and the adoption of standards, rules, and regulations.

(16) To promote the participation of local fire-fighting agencies in the programs established by the commission.
Ala. Code § 36-25A-5 — Alabama Code / Title 36 / Chapter 25A / Section 36-25A-5
Section 36-25A-5 Rules of Parliamentary Procedure; Voting
Status: in_force

(a) Unless otherwise provided by law, meetings shall be conducted pursuant to the governing body’s adopted rules of parliamentary procedure not in conflict with laws applicable to the governmental body.

(b) Unless otherwise permitted by this chapter or directed by provisions in the Constitution of Alabama of 1901, or other existing state law applicable to the governmental body, all votes on matters before a governmental body, including, but not limited to, votes to appropriate or to authorize a governmental body’s designated employee, within limits prescribed by the governmental body without further authorization of the governmental body, to spend public funds, to levy taxes or fees, to forgive debts to the governmental body, or to grant tax abatements, shall be made during the open or public portion of a meeting for which notice has been provided pursuant to this chapter. Voice votes may be allowed. Unless permitted by this chapter, existing statute, or constitutional amendment, no votes shall be taken in executive sessions. Unless otherwise directed by provisions in the Constitution of Alabama of 1901, or other existing state law applicable to a governmental body, a governmental body may not vote by secret ballot.
Ala. Code § 36-26-34 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-34
Section 36-26-34 Granting, Etc., of Time Off to Comply with Religious Obligations
Status: in_force

Notwithstanding any other provision of law, the head of each department or independent establishment in the state government shall grant, under regulations prescribed by the State Personnel Board, to employees under their respective jurisdictions, to the extent compatible with the exigencies of the public business and the performance of essential services, time off from duty (without charge to any leave otherwise authorized by law and without loss of compensation and other employee benefits) to comply with religious obligations prescribed by religious denominations of which such employees are bona fide members. Any such time off so granted shall be made up by the employee concerned under appropriate regulations of the authority concerned. Any denial of such time off shall be predicated on a written answer of the authority concerned which shall state the reasons for such denial and shall be transmitted to the employee concerned.
Ala. Code § 36-21-14 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-14
Section 36-21-14 Communications by Emergency Responders with Peer Support Members
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) CERTIFIED PEER SUPPORT MEMBER. An emergency responder or a person who is assigned to be a chaplain by an emergency service agency who is certified as a peer support member by the Alabama State Law Enforcement Agency or the Alabama Fire College to provide emotional and moral support to an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity.

(2) EMERGENCY RESPONDER. A law enforcement officer, firefighter, wildland firefighter, paramedic, emergency dispatcher, or emergency medical technician of an emergency service agency or entity.

(3) PEER SUPPORT EVENT. Any debriefing, defusing, or coaching session conducted by a certified peer support member that involves the emotional or moral support of an emergency responder who needs emotional or moral support as a result of job-related stress or an incident in which the emergency responder was involved while acting in his or her official capacity.

(b) In order to become a certified peer support member, all of the following must apply:

(1) The person must be an emergency responder or a chaplain of an emergency service agency.

(2) The person must complete training in critical stress management or peer support by a recognized training agency. Recognized training agencies include the International Critical Incident Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, and the Regional Counterdrug Training Academy.

(3) The person must be designated in writing by a sheriff, police chief, fire chief, or other head of a law enforcement agency, fire department, rescue agency, or a public safety agency to provide peer support services to an emergency responder or the spouse of an emergency responder. Only one certified peer support person may be assigned per any specific peer support event.

(4) Law enforcement officers, emergency dispatchers, or persons assigned to be a chaplain by an emergency service agency, must be certified by the Alabama State Law Enforcement Agency. Firefighters, wildland firefighters, paramedics, and emergency medical technicians of an emergency service agency or entity, or persons assigned to be a chaplain by an emergency service agency, must be certified by the Alabama Fire College.

(c) Any communication made by an emergency responder to a certified peer support member during a peer support event is privileged. The emergency responder may waive the privilege. The certified peer support member may not be compelled to testify or otherwise disclose the contents of any privileged communication under this section.

(d) A communication made by an emergency responder to a certified peer support member is not privileged if any of the following apply:

(1) The certified peer support member was an initial emergency service responder, a witness, or a party to the incident that prompted the communication to the certified peer support member.

(2) The communication reveals the intended commission of a crime or otherwise harmful act, and the disclosure of the communication is determined to be necessary by the certified peer support member to protect any person from a clear and imminent risk of mental or physical harm or to forestall a serious threat to public safety.

(3) The communication reveals that a crime was committed.

(4) A court determines the communications are not privileged under the exceptions provided in Rule 503(d), Alabama Rules of Evidence.
Ala. Code § 36-26-2 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-2
Section 36-26-2 Definitions
Status: in_force

The following terms wherever used in this article shall have the meanings respectively ascribed to them in this section, unless the context plainly indicates a contrary meaning:

(1) APPOINTING AUTHORITY. The officer, board, commission, person or group of persons having the power to make appointments to offices or positions of trust or employment in the state service.

(2) BOARD. The State Personnel Board.

(3) CLASSIFIED SERVICE. All offices or positions of trust or employment in the state service now or hereafter created except those placed in the unclassified service or exempt service by this article.

(4) DIRECTOR. The State Director of Personnel.

(5) EMPLOYMENT REGISTER. A record containing the names of those persons who have successfully competed in tests, have been ranked in order of their final earned average from highest to lowest and are considered qualified to hold a position in the class for which the test was held.

(6) INMATE HELP. Persons committed to a state institution who have been granted special privileges and employment due to good conduct.

(7) POSITION. Any office or place of employment in the state service.

(8) PUBLIC HEARING. A meeting of the board open to the public held after five days’ public notice has been given thereof whereat any citizen, taxpayer or interested party may appear and be heard subject to such rules and regulations as may be fixed by the board.

(9) PUBLIC RECORD. A record which the public shall have the right to inspect in a reasonable manner during ordinary business hours.

(10) STATE SERVICE. All offices and positions of trust or employment in the service of the Alabama state government, irrespective of whether the remuneration or compensation of such offices and positions of trust or employment is paid out of the State Treasury or not. Such term shall not include offices and positions of trust or employment of the local governmental subdivisions, county or city boards of education, teachers and employees thereof or those exempted from this article.

(11) TEMPORARY APPOINTMENT. An appointment for a period not to exceed 104 work days.

(12) EMERGENCY APPOINTMENT. An appointment to serve in any position under emergency conditions for not more than 10 work days.

(13) EXCEPTIONAL APPOINTMENT. An appointment where extraordinary or unusual qualifications are required or where the peculiarities of the position are such as to make it inadvisable to attempt to fill it through open competitive examination.

(14) PROVISIONAL APPOINTMENT. An appointment made for a period of not more than 156 work days to fill a competitive position pending the establishment of an employment register for the classification.
Ala. Code § 36-12-22 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-22
Section 36-12-22 Proceedings for Recovery of Papers, Property, Etc., by Successor to Office Generally - Hearing; Termination of Proceedings Against Person Charged with Withholding Papers, Property, Etc., Upon Making of Affidavit
Status: in_force

At the time so appointed or at any other time to which the matter may be adjourned, a copy of such order having been personally served on the person so refusing, such officer shall proceed to inquire into the circumstances. If the person charged with withholding such books, papers or property makes affidavit before such officer that he has delivered over to his successor all such books, papers and property in his custody or appertaining to such office, all further proceedings against him shall cease.
Ala. Code § 36-18-52 — Alabama Code / Title 36 / Chapter 18 / Section 36-18-52
Section 36-18-52 Creation of Advisory Board
Status: in_force

(a) There is created the Alabama Chemical Testing Training and Equipment Trust Fund Advisory Board to be appointed as follows:

(1) The President of the Alabama Sheriffs’ Association shall appoint one sheriff.

(2) The Alabama Association of Chiefs of Police shall appoint one police chief from a city of less than 25,000 population and one police chief from a city of greater than 25,000 population according to the last federal census.

(3) The Alabama Attorney General shall appoint one prosecutor.

(4) The Chief Justice of the Alabama Supreme Court shall appoint one district or municipal judge and one circuit judge.

(5) The Governor shall appoint one citizen at large.

(6) The Lieutenant Governor shall appoint one member of the Alabama Senate.

(7) The Speaker of the House of Representatives shall appoint one member of the House of Representatives.

(8) The Technical Director, Implied Consent Program, Department of Forensic Sciences, and the Commander, Implied Consent Unit, Department of Public Safety, shall serve on the advisory board by virtue of their departmental assignments.

(b) The first appointees shall be appointed by October 8, 1995, and shall serve until their successors are appointed on the fifth day of the 1999 Regular Session of the Legislature. In the event of the death or resignation of any member of the advisory board, a successor shall be appointed by the person or entity that made the original appointment and the successor appointed to the vacancy shall serve for the remainder of the unexpired term. Subsequent appointments to the board shall be for four-year terms. The board shall elect from its membership a chair and vice chair at an organizational meeting held no later than 30 days after appointments to the board are finalized. Thereafter, the board shall meet at the call of the chair, vice chair, or upon the request of five or more members, with notice and procedure as prescribed by the rules of the board. The body may adopt administrative rules for transacting business that are consistent with this article.

(c) A majority of the members of the board shall constitute a quorum for transacting business or performing any duties.
Ala. Code § 36-1-4.4 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-4.4
Section 36-1-4.4 Salary Deductions for Dues and Contributions for Employee Organizations; Termination of Deductions
Status: in_force

The policies adopted by the state Comptroller for deductions from the salaries of state employees or groups of state employees for employee organizations shall provide that the deductions for membership dues and voluntary contributions shall be made based on membership lists and forms provided by the employees’ organization. Such lists are to be corrected and revised annually according to procedures to be established by the state Comptroller. Membership dues and voluntary contributions currently authorized shall continue on an annual basis for the current yearly period and for each succeeding yearly period unless the employee revokes the deduction in writing within 10 days of the next succeeding yearly period. Voluntary contributions may be revoked by giving a 30-day notice in writing. New authorizations shall be permitted on a monthly basis according to procedures to be established by the state Comptroller. Upon leaving state service whether by death, retirement, termination, resignation, leave of absence or other means, payroll deduction of dues and authorized voluntary deductions shall cease. When an employee returns to state service from an approved leave of absence or other temporary leave, payroll deductions and voluntary contributions shall resume unless the employee revokes the deductions in writing. When amounts have been correctly deducted and remitted by the state Comptroller, the state Comptroller shall bear no further responsibility or liability for subsequent transactions.
Ala. Code § 36-14-15 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-15
Section 36-14-15 Photographic Reproduction of Records, Etc.; Legal Effect of Such Reproductions
Status: in_force

(a) The Secretary of State may cause any record, document, plat, file, book, map, paper or other writing made, acquired or received as required by law to be photographed or microphotographed on plate or film. Such photographs, microfilms or prints made therefrom, when duly authenticated by the Secretary of State, shall have the same force and effect at law as the original record or of a record made by any other legally authorized means and may be offered in like manner and shall be received in evidence in any court where such original record, or record made by other legally authorized means, could have been introduced and received.

(b) The Secretary of State may buy or lease photographic or microphotographic equipment and supplies necessary to carry out the provisions of subsection (a) of this section.
Ala. Code § 36-13-17 — Alabama Code / Title 36 / Chapter 13 / Section 36-13-17
Section 36-13-17 Governor Authorized to Designate an Individual to Serve in His or Her Place on Multi-Member Bodies
Status: in_force

(a) If any act of the Legislature provides that the Governor is designated as a member of a multi-member body, the Governor may designate any individual to serve in his or her place.

(b) The Governor’s designee under subsection (a) shall serve at the pleasure of the Governor.

(c) This section applies to multi-member bodies in existence on August 1, 2021, and any subsequently created.
Ala. Code § 36-15-4.2 — Alabama Code / Title 36 / Chapter 15 / Section 36-15-4.2
Section 36-15-4.2 Attorney General’s Litigation Support Fund
Status: in_force

(a) There is established in the State Treasury a special fund to be known as the Attorney General’s Litigation Support Fund.

(b) The fund shall consist of any and all monies designated by a court order as reasonable attorney fees and related expenses or negotiated fees and related expenses for matters settled out of court, and penalties paid in certain cases received by the Attorney General pursuant to this section as a result of any fees, fines, restitution, forfeitures, penalties, costs, interest, or judgments collected pursuant to any civil litigation, or any administrative proceedings, or in settlement of any claim asserted by or against the people of Alabama, the State of Alabama, or any of its departments, agencies, institutions, officers, employees, or political subdivisions thereof. Notwithstanding the foregoing, the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements shall not be affected by this article unless the recipient entity of the fees, fines, restitution, forfeitures, penalties, costs, interest, or judgements agrees by written contract to designate the receipt of such or a portion thereof to the Attorney General. The Attorney General shall deposit court ordered attorney fees and related expenses or negotiated settlements and penalties for the use of the office of the Attorney General into the fund in the fiscal year in which the sums are received. Provided further, however, any provision of this section shall not apply to any attorney fees and related expenses or negotiated settlements and penalties related to the 2010 gulf oil spill. Any amount received pursuant to this subsection by the office of the Attorney General shall be certified by the Attorney General to the Chairs of the Senate Committee on Finance and Taxation General Fund and the House Ways and Means General Fund Committee, the Legislative Fiscal Officer, and the state Budget Officer. Such certification shall include a detailed description of each deposit received, as well as each future deposit referenced in such court order or settlement.

(c) The Attorney General may expend monies appropriated by the Legislature from the fund for the purpose of implementing any provision of this article or for the performance of any of the powers, functions, duties, and responsibilities of the office of the Attorney General.

(d) The fund shall be placed under the management or administration of the Attorney General for the purpose of implementing this article or for the purpose of performing any of the functions, duties, powers, and responsibilities of the office of the Attorney General and all monies deposited in the fund are available for appropriation to the office of the Attorney General. The appropriations shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41.

(e) The appropriation of these monies shall be in addition to any monies appropriated to the office of the Attorney General from the State General Fund or from any other sources.

(f) Neither the Attorney General, nor any employee of that office, shall have any financial interest in the investment of monies in the fund nor receive any commission with respect thereto.

(g) It shall be the duty of the Attorney General to keep records of all expenditures and disbursements from the fund.
Ala. Code § 36-21-67 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-67
Section 36-21-67 Imposition of Additional Court Costs in Certain Criminal and Quasi-Criminal Proceedings; Remittance of Proceeds to Executive Director of Alabama Peace Officers’ Annuity and Benefit Fund
Status: in_force

In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances including violations of the state conservation laws or regulations which are tried in any court or tribunal in this state, wherein the defendant is adjudged guilty or pleads guilty or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there is hereby imposed an additional cost of court in the amount of $1.00 for each traffic infraction, $5.00 in each such proceeding where the offense constitutes a misdemeanor and/or a violation of a municipal ordinance other than traffic infractions and $10.00 in each such proceeding where the offense constitutes a felony; provided, however, that there shall be no additional costs imposed for violations relating to parking of vehicles.

The amount of all such costs shall be remitted by the person or authority collecting the same to the Executive Director of the Alabama Peace Officers’ Annuity and Benefit Fund on the tenth day of each month next succeeding that in which the cost is paid. It shall be the duty of the clerk or other authority collecting the said court costs to keep accurate records of the amounts due to the board for the benefit of the fund under this section.
Ala. Code § 36-25-5.2 — Alabama Code / Title 36 / Chapter 25 / Section 36-25-5.2
Section 36-25-5.2 Public Disclosure of Information Regarding Officials, Candidates, or Spouses Employed by or Contracting with the State or Federal Government
Status: in_force

(a) For purposes of this section, the term state shall include the State of Alabama and any of its agencies, departments, political subdivisions, counties, colleges and universities and technical schools, the Legislature, the appellate courts, district courts, circuit courts and municipal courts, municipal corporations, and city and county school systems.

(b) Each public official and the spouse of each public official, as well as each candidate and the spouse of each candidate, who is employed by the state or the federal government or who has a contract with the state or the federal government, or who works for a company that receives 50% or more of its revenue from the state, shall notify the commission of such employment or contract within 30 days of beginning employment or within 30 days of the beginning of the contract. Additionally, each public official and the spouse of each public official, as well as each candidate and the spouse of each candidate, who is employed by the state or the federal government or who has a contract with the state or the federal government on August 14, 2011, shall notify the commission of such employment or contract by September 13, 2011. Notification shall be in the form of a filing as described in subsection (c).

(c) The filing with the commission shall include all of the following:

(1) The name of the public official or, when applicable, the name of the candidate.

(2) The name of the spouse of the public official or, when applicable, the name of the spouse of the candidate.

(3) The department or agency or county or municipality with whom the public official, candidate, or spouse is employed or with whom the public official, candidate, or spouse has a contract.

(4) The exact job description or, if applicable, a description of the contract.

(5) The beginning and ending dates of employment or, if applicable, the beginning and ending dates of the contract.

(6) The compensation, including any and all salary, allowances, and fees, received by the public official or his or her spouse or the candidate or his or her spouse.

(d) If the terms of employment or of the contract change, the public official or his or her spouse or the candidate or his or her spouse shall promptly provide updated information concerning the change with the commission, which shall revise such information in its files.

(e) Filings collected by the commission pursuant to this section are public record and shall be made available on the commission’s website.
Ala. Code § 36-19-14 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-14
Section 36-19-14 Repair, Etc., of Buildings, Etc., Upon Failure of Party, Etc., to Obey Order of Court; Payment of Expenses Thereof
Status: in_force

In case the order of the circuit court is sustained or the appeal dismissed for any cause, if any party or parties fail to comply with the order as modified on appeal by the circuit court or Court of Civil Appeals as provided in this article and within the time fixed by said courts, the said court may cause such building or premises to be repaired, torn down, demolished, materials removed and all dangerous conditions remedied, as the case may be, at the expense of such party or parties; and, if such party or parties within 30 days thereafter fail, neglect or refuse to repay such officer the expense thereby incurred by him, such officer shall certify said expense to the Fire Marshal, and the Fire Marshal shall immediately pay said expense out of the Fire Marshal Fund.
Ala. Code § 36-35-5 — Alabama Code / Title 36 / Chapter 35 / Section 36-35-5
Section 36-35-5 Negotiation of Discount Prices or Rebates
Status: in_force

The board through its executive director shall oversee the negotiation of discount prices or rebates for prescription drugs from drug manufacturers.
Ala. Code § 36-21-222 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-222
Section 36-21-222
Status: in_force

(a) The Alabama Law Enforcement Officers’ Family Scholarship is established to pay on behalf of eligible dependents the cost of tuition and mandatory fees for up to eight semesters or 12 quarters in an approved postsecondary program.

(b)(1) The scholarship shall pay tuition and mandatory fees after any other amounts from public or private scholarships, grants, aid, or gifts awarded by third parties to the eligible dependent for the academic period have been applied.

(2)a. The amount for each recipient shall be capped at two thousand five hundred dollars ($2,500) for each academic period.

b. Notwithstanding paragraph a., if the recipient qualifies for a discount on tuition and mandatory fees because the recipient’s eligibility is based upon the qualifying law enforcement officer’s employment by a law enforcement agency that serves a postsecondary institution, the amount shall be capped at one thousand five hundred dollars ($1,500) for each academic period. This amount may be used for tuition and mandatory fees at any participating institution.

(c) The scholarship may be granted to as many dependents of one qualifying law enforcement officer as are eligible and who comply with the requirements of this article.

(d) The scholarship shall be administered by the commission.

(e)(1) Availability of the scholarship to eligible dependents is conditioned, pursuant to Section 36-21-227, on funds available in the Alabama Law Enforcement Officers’ Family Scholarship Fund.

(2) Reimbursement from the Alabama Law Enforcement Officers’ Family Scholarship Fund shall be made at the end of each academic period by the commission to a participating institution by certified invoice submitted by the institution which is substantiated by the name of each student receiving a scholarship, with the amount claimed for each student.

(f) Participating institutions shall enter into a contract with the commission and agree to provide any records to the commission upon request.
Ala. Code § 36-27-144 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-144
Section 36-27-144 Notification of Employers Who Have Withdrawn from Participation
Status: in_force

The Board of Control of the Employees’ Retirement System may notify any employer who participated in the Employees’ Retirement System and has withdrawn from participation on April 10, 1998, that the cost-of-living increases provided by this article and Acts 96-572, 1996 Regular Session, 94-232, 1994 Regular Session, as amended by 94-768 of the 1994 First Special Session, and 93-604, 1993 Regular Session, are available to their retirees and beneficiaries provided the employer elects to fund the increase.
Ala. Code § 36-19-18 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-18
Section 36-19-18 Fire Marshal May Cause Persons to Be Arrested and Charged with Offenses; Furnishing of Information to District Attorneys Having Jurisdiction of Offenses
Status: in_force

If the Fire Marshal shall be of the opinion that there is evidence sufficient to charge any person with an offense, he shall cause such person to be arrested and charged with such an offense as the evidence may warrant and shall furnish to the district attorney of any court having jurisdiction of the offense all the information obtained by him, including a copy of all pertinent and material testimony taken, together with the names of the witnesses.
Ala. Code § 36-1-4.2 — Alabama Code / Title 36 / Chapter 1 / Section 36-1-4.2
Section 36-1-4.2 Deductions from Salaries of Firefighters; Procedure
Status: in_force

All laws to the contrary notwithstanding, every political subdivision of this state which employs full-time firefighters shall adopt policies or regulations which will provide for deductions from the salaries of its firefighters or groups of firefighters whenever a written request for such deductions is submitted to the governing body of the (employer) political subdivision. Such deductions shall be made on a monthly basis and shall be remitted to the appropriate company, association or organization as specified by the employees within 10 days following each deduction. Such deductions may be made for, but not limited to, tax sheltered annuities, membership dues, the Public Employees’ Individual Retirement Account Fund, voluntary contributions and group insurance premiums. Deductions for membership dues shall be made based upon membership lists and forms provided by the employees’ organization. Such lists are to be corrected, updated and returned to the employees’ designated organization(s) not later than April 15 of each year. The 1984 dues and voluntary contribution authorized, with appropriate yearly adjustments, shall be deducted for each succeeding year unless the employee revokes the deductions in writing on or before January 2 of that year. Voluntary contributions may be revoked by giving a 30-days notice in writing. New authorization shall be permitted to be added during the months of April, August and December of each year. Upon termination, amounts owed under the authorization of the employee shall be deducted from the employee’s final pay due.
Ala. Code § 36-5-4 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-4
Section 36-5-4 Requirement of Additional Bonds of Agents or Employees of Departments, Commissions, Bureaus, Etc.; Amounts, Conditions, Etc., Thereof
Status: in_force

The Governor, in his discretion, may and, with the approval of the Governor, the governing body or the director or head of any department, institution, commission, bureau or agency may, in their discretion, require a bond in such amount as they may deem necessary of any agent or employee in said department, institution, commission, bureau, board or agency. Said bond shall be payable to the State of Alabama conditioned as other official bonds. The premium on said bonds shall be payable out of the funds of said department, institution, commission, bureau, board or agency. A copy or duplicate of the bond of every agent or employee required to give bond shall be filed in the office of the department, institution, commission, bureau, board or agency requiring same. The original of all such bonds shall be filed and recorded in the office of the Secretary of State as other official bonds are recorded.
Ala. Code § 36-26-114 — Alabama Code / Title 36 / Chapter 26 / Section 36-26-114
Section 36-26-114 Procedures Applicable to Nonprobationary Status Disputes in General
Status: reserved

Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
Ala. Code § 36-19-43 — Alabama Code / Title 36 / Chapter 19 / Section 36-19-43
Section 36-19-43 Insurer or Agents Not Liable for Compliance with Division; Confidentiality; Testimony; Violations
Status: in_force

(a) In the absence of fraud or malice, no insurer, or person who furnishes information on its behalf, shall be liable for damages in a civil action or subject to criminal prosecution for any oral or written statement made or any other action taken that is necessary to supply information required by this article.

(b) The officials and departmental and agency personnel receiving any information furnished pursuant to this article shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.

(c) Any official referred to in Section 36-19-41 may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss.

(d) No person shall purposely refuse to release any information requested, pursuant to Section 36-19-41, by a Fire Marshal, an assistant fire marshal, the chief or deputy of an arson squad or bureau, the chief of a fire department or a fire prevention officer.

(e) No person shall refuse to make the necessary notification of a fire loss pursuant to Section 36-19-42.

(f) No person shall refuse to supply to the proper authorities pertinent information required to be furnished pursuant to Section 36-19-42.

(g) No person shall fail to hold in confidence information required to be held in confidence by subsection (b) of this section.
Ala. Code § 36-36-2 — Alabama Code / Title 36 / Chapter 36 / Section 36-36-2
Section 36-36-2 Short Title
Status: in_force

The name of this chapter is the Alabama Retiree Health Care Funding Act of 2007.
Ala. Code § 36-6-163 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-163
Section 36-6-163 Appropriations
Status: in_force

It is not the intent of this division to make appropriations, but the appropriations required by this division shall be made in the annual budget act for the affected entities.
Ala. Code § 36-21-8 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-8
Section 36-21-8 Badge and Pistol as Part of Retirement Benefits for Certain Law Enforcement Officers and Investigators
Status: in_force

Any person who, at the time of retirement, is in good standing and employed by the Department of Conservation and Natural Resources, the Alcoholic Beverage Control Board, the State Forestry Commission, the Alabama Criminal Justice Information Center, the Public Service Commission, campus police at a state institution, or any other state agency which requires its officers to be Peace Officers’ Standards and Training Commission certified as a law enforcement officer or investigator, or by the Department of Public Safety as a State Capitol Police Officer shall receive, as part of his or her retirement benefits, without cost, his or her badge and pistol.
Ala. Code § 36-5-9 — Alabama Code / Title 36 / Chapter 5 / Section 36-5-9
Section 36-5-9 Date of Filing to Be Endorsed on Bonds
Status: in_force

Every officer, in whose office the official bond of any public officer is filed, must endorse on such bond the day and year when the same was filed and sign his name to such endorsement.
Ala. Code § 36-14-12 — Alabama Code / Title 36 / Chapter 14 / Section 36-14-12
Section 36-14-12 Acts and Resolutions of Legislature - Copy to Be Furnished to Library of Congress
Status: in_force

The Secretary of State shall furnish, by electronic means or otherwise, to the Library of Congress, for the Division of Documents, a copy of the general and local laws of the State of Alabama for each session.
Ala. Code § 36-12-63 — Alabama Code / Title 36 / Chapter 12 / Section 36-12-63
Section 36-12-63 Duty of Department Heads, Etc., to Discharge Violators of Provisions of Article
Status: in_force

It shall be the duty of all officers, heads of departments and all other individuals and boards charged with the duty of appointing individuals to state office or employing any individual in the state, if any part of the compensation is to be paid by the state, immediately to discharge all such officers or employees so appointed who violate any of the provisions of this article.
Ala. Code § 36-27-49.1 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-49.1
Section 36-27-49.1 Credit for Military Service; Option Must Be Exercised and Paid Before October 1, 1986
Status: in_force

(a) Any active and contributing member of any one of the State of Alabama retirement systems who has been such a member for six consecutive years or more or any former such member who has vested retirement benefits may hereby claim and purchase credit in his or her respective retirement system for up to four years’ time which such member has served in the military service of the Armed Forces of the United States exclusive of any weekend or state active military service in any reserve or National Guard component of any branch of the armed forces, provided said member or former member has not received credit toward retirement status in such retirement system for said military service, and further provided that such member or former member shall receive no credit for military service if such member or former member is receiving military service retirement benefits other than disability allowance or benefits from any branch of the United States Armed Forces or by reason of any such service in any branch of the armed forces; and provided further that any discharge received by any such member or former member from any of the claimed military service has been honorable.

(b) Any member or former member eligible to claim and purchase credit for service under subsection (a) of this section shall be awarded such credit under any such Retirement System of Alabama provided he or she shall pay into his or her respective retirement system or fund prior to said member or former member’s date of retirement and prior to October 1, 1986 a sum of money which is equal to both the member’s and the state’s annual contribution into the respective retirement system or fund at the time of election to purchase the aforesaid credit multiplied by each year or fraction thereof of military service credit desired. In the case of a former member, such sum would be an amount equal to the annual contribution such former member and the state would pay if he or she were currently an active and contributing member at the time of said election.

(c) The provisions of this section to reopen the retirement system or fund for military service credit shall terminate October 1, 1986, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to October 1, 1986.
Ala. Code § 36-9-1 — Alabama Code / Title 36 / Chapter 9 / Section 36-9-1
Section 36-9-1 How Offices Vacated Generally
Status: in_force

Any office in this state is vacated:

(1) By the death of the incumbent;

(2) By the resignation of the incumbent, except in such cases as are excepted by law;

(3) By the incumbent’s ceasing to be a resident of the state or of the division, district, circuit or county for which he was elected or appointed;

(4) By the decision of a competent tribunal declaring the election or appointment of the incumbent void or his office vacant;

(5) By the act of the Legislature abridging the term of office of the incumbent, when the same is not fixed by the constitution; and

(6) In such other cases as are or may be declared by law.
Ala. Code § 36-20-73 — Alabama Code / Title 36 / Chapter 20 / Section 36-20-73
Section 36-20-73 Powers. (Amended by Act 2026-536)
Status: in_force

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

Notaries public may do all of the following:

(1) Administer oaths in all matters incident to the exercise of their office.

(2) Take the acknowledgment or proof of instruments of writing relating to commerce or navigation and certify the same and all other of their official acts under their seal of office.

(3) Demand acceptance and payment of bills of exchange, promissory notes, and all other writings which are governed by the commercial law as to days of grace, demand, and notice of nonpayment and protest the same for nonacceptance or nonpayment and to give notice thereof as required by law.

(4) Exercise such other powers, according to commercial usage or the laws of this state, as may belong to notaries public.
Ala. Code § 36-27-184 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-184
Section 36-27-184 Pensioners Who Retired Prior to Membership of Employer in System
Status: in_force

(a) Commencing October 1, 2002, any retired employee who retired from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System, and who is receiving a monthly benefit prior to October 1, 2002, administered by the Employees’ Retirement System, and whose years of creditable service have not been made known to the Employees’ Retirement System, may receive an increase in benefits of three percent except that no pensioner shall receive an increase of less than fifteen dollars ($15) per month, provided the retired employee retired prior to October 1, 2001, and the employer elects to come under the provisions of this article.

(b) Retired local public agency employees who retired prior to membership of the employer in the Employees’ Retirement System and whose creditable service records have been received by the Employees’ Retirement System shall receive an increase as provided for in Section 36-27-180 if the employer elects to fund the increase.
Ala. Code § 36-27-147 — Alabama Code / Title 36 / Chapter 27 / Section 36-27-147
Section 36-27-147 Pensioners Who Retired Prior to Membership of Employer and Receiving Benefits Not Administered by System
Status: in_force

Commencing October 1, 1998, any pensioner or annuitant who retired prior to October 1, 1998, from a city, town, county, or public or quasi-public organization of the state before the city, town, county, or public or quasi-public organization of the state became a member of the Employees’ Retirement System and is receiving a monthly benefit not administered by the Employees’ Retirement System shall receive a fifty dollar ($50) per month increase provided the city, town, county, or public or quasi-public organization of the state elects to fund the increase provided the pensioner retired prior to October 1, 1998.
Ala. Code § 36-6-140 — Alabama Code / Title 36 / Chapter 6 / Section 36-6-140
Section 36-6-140 Persons Eligible
Status: in_force

Beginning with the first pay day on or after October 1, 2021, all state employees who are listed in the classified and unclassified service of the state as defined in Section 36-26-10, and all other state employees and hourly employees of the state, and all judicial personnel, officers, and employees, and all legislative personnel, officers, and employees, whether subject to the State Merit System or not, and all employees of the county health departments who are employed subject to the State Merit System and whose compensation is paid out of a budget provided and agreed upon by the state, county, or other contributing agency under the direction of the State Board of Health shall receive a salary increase of two percent.
Ala. Code § 36-7-40 — Alabama Code / Title 36 / Chapter 7 / Section 36-7-40
Section 36-7-40 When Employee Entitled to Reimbursement for Moving Expenses; Maximum Amount; Mobile Homes; When Move Must Be Made
Status: in_force

A permanent employee of the state who moves from one community within the state to another by reason of transfer of job operation shall be entitled to receive reimbursement for his actual expenses, not to exceed $1,250.00, incurred in moving his household goods whenever such transfer is made at the request of the employing state department or agency. Such expense shall not be allowed when the transfer is made at the request of the employee; provided that any transfer that is a part or the result of a lay-off by the employing state department or agency shall be considered to be at the request of the employing state department or agency.

When an employee is transferred under the above rules and chooses to move a mobile home rather than household goods, reimbursement shall be made under the state’s fiscal procedures except that no payment shall be made for disconnection or reconnection of any utility service or plumbing, or anchoring (tying down) or leveling or any damage sustained during the move.

All moves must be made within a reasonable length of time not to exceed one year of the date of transfer to qualify for reimbursement.
Ala. Code § 36-21-11 — Alabama Code / Title 36 / Chapter 21 / Section 36-21-11
Section 36-21-11 Preference Given to Police Officers and Fire Fighters Suffering from Diseases Without Known Cure in Admission to Research Programs
Status: in_force

Whereas the sworn, full-time, regular employed state, county and municipal police officers of this state are required by law and policy to enforce the penal laws of the State of Alabama; and fire fighters must expose themselves to the dangers of fire suppression and hazardous material incident control; and in so doing augment the dangers inherent in such duty; it is the sense of the Legislature of Alabama that if such police officers or fire fighters contract any disease deemed crippling or fatal, because of the lack of a known cure, such police officers or fire fighters shall be given preferential treatment towards admission to any research program at any state-owned or supported medical facility, hospital or learning center in the State of Alabama.